HomeMy WebLinkAboutVI(D) Ordinance No. 99-29 - Amend Land Development Code Re: Open Rear Yard Porches Agenda 9-07-99
item VI D.
FOLEY & LARDNER
'MEMORANDUM
CLIENT-MATTER NUMBER
020377-0274
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
CC: Paul E. Rosenthal, Esq., City Attorney
Martha H. Formella, Esq., Assistant City Attorney
DATE: September 1, 1999
RE: Ordinance relating to Open Rear Yard Porches
Section 5-4 of the Land Development Code entitled Open Space Requirements of
Zoning Districts provides that "[o]pen porches . . . may project into a front or rear yard a
distance of not to exceed five (5) feet." Section 2-4 of the Land Development Code defines
"porch" as:
A roofed-over space, with the roof impervious to weather,
attached to the outside of an exterior wall of a building, which
has no enclosure other than the exterior wall of such building.
Open mesh screening shall not be considered an enclosure.
Thus, the Code presently provides that the only porches that are allowed in residential districts
are those that extend out from the house five feet or less. , This five foot restriction does not
apply to structures that are not attached to the .building such as playhouses, gazebos,
doghouses, carports and other accessory structures. The five foot restriction also does not
apply to accessory apartments such as guest cottages and guest houses. Therefore, given the
current provisions of the Code, a resident could construct a guest cottage in his or her
backyard that was greater than five feet in width or length (assuming the cottage met all other
- requirements) but could not build a porch that extended out from the house more than five feet.
The attached proposed Ordinance would amend the Code in two ways in order to allow
for larger porches in rear yards. First, Section 5-4B would be amended to remove the word
"rear" from the five foot restriction on porches. Thus, open porches along the side or front
yards of the house would still need to comply with the five foot restriction. Secondly, a new
006.150936.2
provision, Section 5-4J,'would be added to the Code to specifically address open,rear yard
porches in residential districts. This new section of the Code would allow rear yard porches of
any size so long as the porch met the following requirements:
(1) The open porch does not cover more than thirty(30) percent of
the rear yard;•
(2) The open porch does not increase the maximum impervious
surface of the lot to be greater than fifty (50) percent;
(3) The open porch is no closer than seven and one-half (7'/2) feet to
the rear lot line,and no closer than seven and one-half(71/2) feet to either side lot
line; and
(4) The open porch does not extend into any utility, drainage or
landscape easement or conservation area.
Adoption of the attached proposed Ordinance would remove the five foot restriction for
porches in the rear yard of residences without affecting the applicability of-other Code
requirements, such as those related to dimensions and density, to such porches.
On August 25, 1999, the Planning and Zoning Commission acting as the Local
Planning Agency unanimously recommended approval of the,proposed Ordinance.
Attachments: Ordinance No. 99-29
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ORDINANCE NO. 99-29
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO OPEN REAR YARD PORCHES IN
RESIDENTIAL DISTRICTS; AMENDING SECTION 5-4B OF
ARTICLE V OF CHAPTER 180 OF THE CODE OF
ORDINANCES BY REMOVING OPEN REAR YARD
PORCHES FROM THE FIVE (5) .FOOT EXTENSION
LIMITATION; ADOPTING SECTION 5-4J OF ARTICLE V
OF CHAPTER 180 OF THE CODE OF ORDINANCES TO
ALLOW FOR THOSE OPEN REAR YARD PORCHES
MEETING CERTAIN REQUIREMENTS; PROVIDING FOR
SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes that many
residents of the City desire to add open rear yard porches to the their homes; and
WHEREAS, the City Commission recognizes that the Ocoee Land Development
Code presently limits open rear yard porches to only those that extend from the house no greater
than five (5) feet; and
WHEREAS, the City Commission desires to amend the Ocoee Land
Development Code to allow for larger open rear yard porches in residential districts under the
terms and conditions of this Ordinance.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee
has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the
State of Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2. Section 5-4B of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee is hereby amended as follows:
006.147936.2
Open eaves, cornices, window sills and belt courses may project
into any required yard a distance not to exceed two (2) feet.
Open porches or open fire escapes may project into a front of
rear yard a distance not to exceed five (5) feet. Fences, walls and
hedges in residential districts may be erected in any required
yard, or along the edge of any yard, provided that street corner
visibility requirements of this Code shall be met, and provided
further that no fence, wall or hedge located in front of the front
building line shall exceed four (4) feet in height, and no other
wall or fence shall exceed six (6) feet in height.
SECTION 3. Section 5-4J of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee is hereby adopted as follows:
J. Open porches may extend into the rear yard in residential districts
provided that:
(1) The open porch does not cover more than thirty(30)
percent of the rear yard;
(2) The open porch does not increase the maximum
impervious surface of the lot to be greater than fifty (50)
percent;
(3) The open porch is no closer than seven and one-half (71/2)
feet to the rear lot line and no closer than seven and.one-
half(71/2) feet to either side lot line; and
(4) The open porch does not extend into any utility, drainage
or landscape easement or conservation area.
SECTION 4. Severability: If any, section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any
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 portion
hereto.
2
006.147936.2
SECTION 5. Effective Date. This Ordinance, shall become effective
immediately upon passage and adoption:
PASSED AND ADOPTED this day of ,1999.
APPROVED:
ATTEST: ._ CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED 8/29/99 , 1999
AND ADVERTISED. ' ,1999
READ FIRST TIME 9/07/99 , 1999
READ SECOND TIME AND ADOPTED
,1999 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,'FLORIDA.
APPROVED AS TO FORM AND LEGALITY '
this_day of, ',1999.
FOLEY & LARDNER
By:
City Attorney
3
006.147936.2
The Orlando Sentinel,Sunday,August 29,1999
NOTICE OF AN AMENDMENT.
TO THE OCOEE CODE OF; . '. •
ORDINANCES AND OCOEE F. .
LAND DEVELOPMENT CODE
The City Commission of the City of Ocoee proposes to adopt the
following Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING
TO OPEN REAR YARD PORCHES IN RESIDENTIAL DIS-
TRICTS;AMENDING SECTION 5-4B OF ARTICLE V OF CHAP-
TER 180 OF THE CODE OF ORDINANCES'BY REMOVING
OPEN REAR YARD PORCHES FROM THE FIVE (5) FOOT
EXTENSION LIMITATION;ADOPTING SECTION 5-4J OF ARTI-
CLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES TO
ALLOW FOR THOSE OPEN REAR YARD PORCHES MEETING
CERTAIN REQUIREMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
The Ocoee City Commission will hold the first of two public hear-
ings concerning the proposed Ordinance on Tuesday, September
7, 1999 at 7:15 p.m., or as soon thereafter as practical, and the
second of two public hearings concerning the proposed
-- Ordinance on Tuesday, September 21, 1999 at•7:15 p.m., or as
soon thereafter as.'practical, at the Ocoee City Commission
Chambers, 150 North Lakeshore Drive, Ocoee, Florida. The City
Commission may continue the public hearings to other dates and
times as they deem necessary. Any interested party shall be
advised that the dates, times, and places of any continuation of
these or continued public hearings shall be announced during the
hearing and that no further notices regarding these matters will be
published.
A copy of the proposed Ordinance may be inspected by the pub-
lic at the Ocoee Planning Department, 150 North Lakeshore Drive,
Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays. Interested parties
may appear at the public hearings and be heard with respect to
the proposed Ordinance.This notice is given,pursuant to Section
166.041 (3)(c), Florida Statutes.
Any person wishing to appeal any decision made with respect to
any matter considered at the public hearings may need a record
of the proceedings and for this purpose may need to ensure that
a verbatim record of the proceedings is made which includes the:
testimony and evidence upon which the appeal is based. Persons .
with disabilities needing assistance to participate in any of the
proceedings should contact the City Clerk's Office 48 hours in
advance of the meeting at (407) 656-2322.
Jean Grafton,City Clerk Sunday,August 29, 1999 and
City of Ocoee ' • Sunday, September 12, 1999