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O-355-CCITY OF C~ERMONT ORDINANCE NO. 355-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 102 SIGNS, SECTION 102-7 EXEMPT SIGNS; CHAPTER 110-173 ARCHITECTURAL STANDARDS; SECTION 122-226 YARDS; SECTION 122-243 PERMITTED USES; CHAPTER 122. ZONING, DIVISION 2. UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT SECTION 122-84. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 3. R-1-A SINGLE-FAMILY LOW DENSITY RESIDENTIAL DISTRICT, SECTION 122-104. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 4. R-1 SINGLE- FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, SECTION 122- 124. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 5. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT, SECTION 122-145. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 6. R-3- A RESIDENTIAL/ PROFESSIONAL DISTRICT, SECTION 122-165. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 7. R-3 RESIDENTIAL/PROFESSIONAL DISTRICT, SECTION 122-185. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 8. C-1 LIGHT COMMERCIAL DISTRICT, SECTION 122-205. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 9. C-2 GENERAL COMMERCIAL DISTRICT, SECTION 122-225. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 10. CBD CENTRAL BUSINESS DISTRICT, SECTION 122-245. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 11. M-1 INDUSTRIAL DISTRICT, SECTION 122-265. LOT AND HEIGHT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR 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 October 2, 2007 and following such hearing found this Ordinance to be in the best interests 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 102 Signs, Section 102-7 Exempt signs; Chapter 110-173 Architectural standards; Section 122-226 Yards; Section 122-243 Permitted uses; Chapter 122. Zoning, Division 2. UE Urban Estate Low Density Residential District, Section 122-84. Lot and height requirements; Chapter 122, Division 3. R-1- A Single-family Low Density Residential District, Section 122-104. Lot and height requirements; Chapter 122, Division 4. R-1 Single-family Medium Density Residential District, Section 122-124. Lot and height requirements; Chapter 122, Division 5. R-2 Medium Density Residential District, Section 122-145. Lot and height requirements; Chapter 122, Division 6. R- CITY OF CLERMONT ORDINANCE NO. 355-C Page 2 3-A Residential/Professional District, Section 122-165. Lot and height requirements; Chapter 122, Division 7. R-3 Residential/Professional District, Section 122-185. Lot and height requirements; Chapter 122, Division 8. C-1 Light Commercial District, Section 122-205. Lot and height requirements; Chapter 122, Division 9. C-2 General Commercial District, Section 122- 225. Lot and height requirements; Chapter 122, Division 10. CBD Central Business District, Section 122-245. Lot and height requirements; Chapter 122, Division 11. M-1 Industrial District, Section 122-265. Lot and height requirements, of the City of Clermont's Code of Ordinances; and NOW, THEREFORE, be it enacted 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 City of Clermont Code of Ordinances is hereby amended to read as follows: Sec. 102-7. Exempt signs. The following signs are exempt from the permit requirements of this chapter provided they are not placed or constructed so as to create a hazard of any kind. The following signs must still meet applicable construction and electrical standards required by city, state or other appropriate agency codes. (1) One sign per street frontage, not exceeding six square feet in total area for residential zones and not exceeding 32 square feet in total area for commercial and industrial zones, offering the specific property for sale, rent or lease by the owner or his agent, provided the sign is located on the property offered. (2) One marquee sign over a show window or door of a store or business establishment announcing only the name of the proprietor and the nature of the business, not exceeding four square feet in area. (3) One sign painted on the door or show window limited to the name of the proprietor, name or nature of the business, hours of operation and emergency telephone numbers, when all letters and characters are no more than six inches in height. (4) One ground sign not exceeding two square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of the premises, not having commercial connotations. CITY OF CLERMONT ORDINANCE NO. 355-C Page 3 (5) Directory signs for businesses, limited to two square feet per occupant, affixed to a wall or ground sign. (6) Private ground directional or instructional signs that direct and guide traffic, parking or pedestrian movements on private property, provided the individual letters composing such a sign do not exceed six inches in height. Signs may be illuminated and display the name, logos, symbols or designs of the establishment; however, such signs shall not exceed four feet in height and shall not exceed four square feet in area. (7) Memorial signs or tablets, containing names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials and attached to the surface of a building. (8) Legal notices and official instruments. (9) Signs necessary to promote health, safety and general welfare, and other regulatory, statutory, traffic control or directional signs erected on public property as required by governmental entities with permission as appropriate from the city, the county, the state or the United States federal government. (10) Paper signs displayed inside show windows of retail establishments so long as no part of the display moves or contains flashing lights and the display does not exceed 25 percent of the window area. (11) Bulletin boards and identification signs for public, nonprofit or religious facilities, located on the premises and not exceeding 24 square feet in area. (12) Those banner signs permitted in section 102-8. (13) Menus of less than two square feet mounted at the entrances to restaurants. (14) The flying of three or less ground-mounted freestanding national, state or city flags, provided that such flags shall not be used in such a manner as to attract attention for commercial purposes. (15) Decorative flags and bunting for a celebration, convention or commemoration of significance to the entire community when authorized by the city council for a prescribed period of time. (16) Holiday lights and seasonal decorations displayed at times when such lights and decorations are generally considered appropriate. (17) Sandwich type board sign may be utilized in the CBD zoning district provided the following is adhered to: a. One per business and relating directly to that business. b. Maximum 3 feet wide and 4 feet high. c. Maximum two sides (back-to-back). d. No sign may block the sidewalk access, in accordance with ADA requirements, by maintaining at least afour-foot wide passage from one property to another using the sidewalk. e. Sign may not be electrical and must adhere to requirements listed in Sec. 102-8. Prohibited signs; exceptions, unless otherwise indicated herein. f. Sign placement and use may only occur during open business hours. g. Sign shall not be permitted within the four (4) foot area from the inside of the curb toward the business front. CITY OF CLERMONT ORDINANCE NO. 355-C Page 4 Sec. 110-173 Architectural standards. Site and architectural standards for all developments must be designed in accordance with the City of Clermont's Architectural Standards, as amended. These standards and guidelines are intended to: (a) Create and maintain a strong community image, identity and sense of place; (b) Create and maintain a positive visual ambiance for the community; (c) Enhance and sustain property values; (d) Promote a high degree of compatibility between surrounding structures and land uses; (e) Establish and promote a standard for quality design and enduring quality development; and (f) Foster civic pride and community spirit by maximizing the positive impact of quality development. Sec. 122-206. Yards. (2) Side yard. The minimum side yard setback shall be 12 feet. On corner lots, a side yard setback of 50-feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is zither zoned or used as residential. Sec. 122-226. Yards. (2) Side yard. The minimum side yard setback is 12 feet. On corner lots, a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential. Sec. 122-243. Permitted uses. (d) Sidewalk use. Business establishments may utilize outside private or public sidewalk area for patron use to include non-fastened small tables and chairs, or benches during business hours only. Compact outside display areas may also be utilized provided the display has a maximum width of 25 percent of a retail store width or 10 feet in width -whichever is less, four feet in depth, and six feet in height. Businesses which utilize this type of sidewalk use shall maintain at least a four (4) foot wide open area for passage from one property to the CITY OF CLERMONT ORDINANCE NO. 355-C Page 5 next, from the inside of any curb toward the business front, and in accordance with the American with Disabilities Act. Where such four (4)-foot open space is not available, table and chairs or displays shall not be allowed. All such uses shall be approved by the City 1`~lanager or his designee. Chapter 122. Zoning Article III. Districts DIVISION 2. UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT Sec. 122-84. Lot and height requirements. Lot and height requirements for the UE district are as follows: (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this chapter and Code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. DIVISION 3. R-1-A SINGLE-FAMILY LOW DENSITY RESIDENTIAL DISTRICT Sec. 122-104. Lot and height requirements. Lot and height requirements for the R-1-A district are as follows: (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this chapter and Code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. CITY OF CLERMONT ORDINANCE NO. 355-C Page 6 DIVISION 4. R-1 SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 122-124. Lot and height requirements. Lot and height requirements for the R-1 district are as follows: (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this chapter and Code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. DIVISION 5. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 122-145. Lot and height requirements. Lot and height requirements for the R-2 district are as follows: (4) Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this chapter and Code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. DIVISION 6. R-3-A RESIDENTIAL/PROFESSIONAL DISTRICT Sec. 122-165. Lot and height requirements. Lot and height requirements for the R-3-A district are as follows: (4) Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. CITY OF CLERMONT ORDINANCE NO. 355-C Page 7 DIVISION 7. R-3 RESIDENTIAL/PROFESSIONAL DISTRICT Sec. 122-185. Lot and height requirements. Lot and height requirements for the R-3 district are as follows: (4) Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. DIVISION 8. C-1 LIGHT COMMERCIAL DISTRICT Sec. 122-205. Lot and height requirements. Lot and height requirements for the C-1 district are as follows: (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. DIVISION 9. C-2 GENERAL COMMERCIAL DISTRICT Sec. 122-225. Lot and height requirements. Lot and height requirements for the C-2 district are as follows: (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. CITY OF CLERMONT ORDINANCE NO. 355-C Page 8 DIVISION 10. CBD CENTRAL BUSINESS DISTRICT Sec. 122-245. Lot and height requirements. Lot and height requirements for the CBD district are as follows: (3) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations. DIVISION 11. M-1 INDUSTRIAL DISTRICT Sec. 122-265. Lot and height requirements. Lot and height requirements for the M-1 district are as follows: (2) Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations. SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this ordinance shall be effective as provided by law. CITY OF CLERMONT ORDINANCE NO. 355-C Page 9 PASSED AND ORDAINED BY the City of Clermont, Lake County, Florida on this 23rd day of October 2007. ROLD S. TURVILL , JR. Mayor ATTE T: ~~% ..~ , , F ~- f~ TRACY C OYD, Ci~ Clerk