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HomeMy WebLinkAboutVI (C) Ordinance No. 99-29 Open Rear Yard Porches Agenda 9-21-99 Item VI C 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 ���////����'YYppq,��,, 006.150936.2 O/ provision, Section 5-43, 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 (T/2) feet to the rear lot line and no closer than seven and one-half(TA) 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 Advertisement 2- 006.160936.2 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 (71/4) feet to the rear lot line and no closer than seven and one- half(71/4) 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 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 OR1 The Orlando Sentinel,Sunday,September 12,1999 K-5 NOTICE OF AN AMENDMENT TO THE OCOEE CODE OF ORDINANCES AND OCOEE 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 OR1 The Orlando Sentinel,Sunday,September 12,1999 K-5 NOTICE OF AN AMENDMENT TO THE OCOEE CODE OF ORDINANCES AND OCOEE 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 nhatg aeekunce.to participate In any of the proceedings should paiwact the City Clerk's Office 48 hours In advance of the mee/Ig et(407) 656-2322, Jean Grafton,City Clark Sunday,August 29, 1999 and City of Ocoee Sunday, September 12, 1999