HomeMy WebLinkAboutOrdinance 97-02
ORDINANCE NO. 97-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO
ROOF-MOUNTED EQUIPMENT; CREATING A NEW SECTION 2-
4.C. (228.1) OF ARTICLE II OF CHAPTER 180 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE TO DEFINE ROOF-MOUNTED
EQUIPMENT; AMENDING SECTION 4-S.M.(7) OF ARTICLE IV OF
CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY THE EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS WITHIN PLANNED UNIT
DEVELOPMENTS; AMENDING SECTION 6-10.I. (7) OF ARTICLE VI
OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE TO CLARIFY THE EQUIPMENT SCREENING REQUIREMENTS FOR
COMMERCIAL AND INDUSTRIAL BUILDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (IICity
Commissionll) desires to amend the City's roof-mounted equipment
regulations by adopting a definition of IIroof-mounted equipmentll in
Article II and clarifying the equipment screening requirements in
Articles IV and VI, all in Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida; and
WHEREAS, pursuant to the provisions of Chapter 163,
Florida Statutes, the Ocoee Planning and Zoning Commission, acting
as the Local Planning Agency of the City, has held a public hearing
on December 10, 1996 to review the relationship between this
Ordinance and the Ocoee Comprehensive Plan, and following such
hearing found this Ordinance to be consistent with the Ocoee
Comprehensive Plan and in the best interest of the City of Ocoee,
and recommended that the City Commission adopt this Ordinance; and
WHEREAS,
pursuant
to
Chapter
163
and
Section
166.041 (3) (c), Florida Statutes, the City Commission held public
hearings on this Ordinance on December 17, 1996 and on January 7,
1997, after public notice and received public input with respect
thereto; and
WHEREAS, the City Commission finds and determines that
this Ordinance is consistent with and implements the City of Ocoee
Comprehensive plan and that adoption thereof is in the best
interest of the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority.
The City Commission 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.
Definition of Roof-Mounted Equipment.
Section 2-4.C. (228.1) of Article II of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby created to read
as follows (with additions underlined) :
Roof Mounted Equipment: This
conditioning. refrigeration.
venting. plumbing. satellite.
devices which extend above the
(Electrical and telephone risers
term shall include all air
air handling. electrical.
communication. or similar
roof -line of the building
are exc 1 uded) .
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SECTION 3. Equipment Screening Requirements in Planned
Unit Developments. Section 4-5.M. (7) of Article IV of Chapter 180
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended to read as follows (with additions underlined) :
(a) [no change]
(b) [no change]
(c) [no change]
(d) Open storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties. Utility fixtures~
ventilation equipment. and mechanical equipment, when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right-of -way or
abutting properties.
(e) All roof mounted equipment shall be screened from view.
Screening shall be at least as tall as the tallest
equipment extending above the roof-line. Screening
materials shall meet all applicable building codes and
shall be a permanent building material located in a
continuous fashion along or in close proximity to the
perimeter of the roof of a commercial or industrial
building. The screen shall totally obscure the view of
all roof mounted equipment from adjacent property lines
and road right-of-way lines and shall be designed as an
integral part of the building architecture (e.g.. parapet
walls. mansard-style roof fronts. penthouses. or similar
enclosures). Multiple enclosures surrounding individual
pieces of roof mounted equipment shall not be permitted.
(f) [no change]
(g) [no change]
(h) [no change]
lil Interpretation - Where there is any ambiguity or dispute
concerning the interpretation of these requirements. the
decision of the Director of Planning shall prevail. Any
person aggrieved or adversely affected by such decision
may file an appeal with the City Clerk within 30 days.
Such appeal shall be heard as provided in Section 3-
3.E. (l)of the Ocoee Land Development Code.
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SECTION 4. Equipment Screening Requirements. Section 6-
10.1. (7) of Article VI of Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida, is hereby amended to read as follows
(with additions underlined)
(a) [no change]
(b) [no change]
(c) [no change]
(d) Open storage of articles, goods or materials shall not be
permitted unless totally screened from the public right-
of-way and adjacent properties. Utility fixtures~
ventilation equipment. and mechanical equipment, when
outside a structure, shall be screened with walls,
fences, dense plant material or berms or a combination of
the above, or within a completely enclosed area. Display
areas shall not be visible from the right -of -way or
abutting properties.
(e) All roof mounted equipment shall be screened from view.
Screening shall be at least as tall as the tallest
equipment extending above the roof-line. Screening
materials shall meet all applicable building codes and
shall be a permanent building material located in a
continuous fashion along or in close proximity to the
perimeter of the roof of a commercial or industrial
building. The screen shall totally obscure the view of
all roof mounted equipment from adjacent property lines
and road right-of-way lines and shall be designed as an
integral part of the building architecture (e.g.. parapet
walls. mansard-style roof fronts. penthouses. or similar
enclosures). Multiple enclosures surrounding individual
pieces of roof mounted equipment shall not be permitted.
(f) [no change]
(g) [no change]
(h) [no change]
~ Interpretation - Where there is any ambiguity or dispute
concerning the interpretation of these requirements. the
decision of the Director of Planning shall prevail. Any
person aggrieved or adversely affected by such decision
may file an appeal with the City Clerk within 30 days.
Such appeal shall be heard as provided in Section 3-
3.E. (l)of the Ocoee Land Development Code.
SECTION S.
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
4
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.
SECTION 6.
Codification.
It is the intention of the
City Commission that the provisions of this Ordinance shall become
and be made a part of the Code of Ordinances of the City; and that
sections of this ordinance may be renumbered or relettered and the
word "ordinance" may be changed to "chapter", "section", "article",
or such other appropriate word or phrase in order to accomplish
such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered
or relettered and the correction of typographical errors which do
not affect the intent may be authorized by the City Manager,
without need of public hearing, by filing a corrected or recodified
copy of same with the City Clerk.
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SECTION 7. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this 77'!3.- day of ~ IIl.JuJf{61tf I 1997.
APPROVED:
CITY OF OCOEE, FLORIDA
Clerk
.s+; ~~-t(- ()~~
( . Scott Vandergrif I Mayor
( SEAL)
ADVERTISED December 8
AND ADVERTISED December 29
READ FIRST TIME December 17 I
READ SECOND TIME AND ADOPTED
ltttJultl<fh f} I 1997 I
UNDER AGE DA ITEM NO. ~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FO~~ LEGALITY
this -; day of JU(\VJ..^1 I 1991.
FOLEY &. "L. DN~R. . "....".1
By, !t,tP5 We!
City Attorney
December 4, 1996 (11 :56am)
P:\AHPDFILE\LDC-REVD\LDC96002\ROOFEQP.ORD
A:\ROOFEQP.ORD 112/11/961 OCOEE FORMS (DISK) 1 MHF:jed
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I 1996
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1996