HomeMy WebLinkAboutItem 13 First Reading of Ordinance for Land Development Code (LDC) Amendment to Article V, Section 5-4.1 to Clarify Fence Requirements for Corner Lots and Lots with Multiple Street Frontages`` '
Ocoee
florlda
AGENDA ITEM COVER SHEET
Meeting Date: July 19, 2022
Item # 13
Reviewed By:
Contact Name: Anoch Whitfield, Zoning Mana Department Director: jo%e, r
Contact Number: Ext. 1016 ity Manager:
Subject: Land Development Code (LDC) Amendment to Article V, Section 5-4.1 to clarify
Fence requirements for corner lots and lots with multiple street frontages
Background Summary:
Section 5-4.1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential
districts may be erected in any required yard or along the edge of any yard, provided that street corner visibility
requirements are met and provided that no wall or fence located in front of the front building line does exceed
four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in
height.
For corner lots, the Code allows corner lots "where: (1) two (2) corner lots adjoin at the end of a block, (2) the
single-family dwelling units are designed rear -to -rear, and (3) there are no garage or main entry doorways exiting
to the side front yard, then in such cases, fences greater than four (4) feet in height and no more than six (6)
feet in height shall be allowed within the side front yard as long as a minimum setback of fifteen (15) feet is
maintained from the property line and the fence extends along no more than one-half (1/2) the depth of the house."
However, the current Code does not speak to corner lots where the dwelling units are designed side -to -rear or
for lots that have multiple roadway frontages, such as a double -frontage lot, through lot, or lot with road frontage
along three (3) or more sides. Additionally, the City recognizes that there are changes in development trends
and that property owners wish to utilize more yard space for personal use. Thus, the staff proposes changes to
Section 5-4.1 to:
• Reduce the minimum side front yard setback on corner lots designed rear -to -rear with no side
garage%main entry, from 15 feet to 5 feet or the boundary of an easement, whichever is greater. The
proposed Ordinance retains the requirement that the depth of the fence be a maximum of'h of the depth
of the house.
• Establish standards for corner lots where the single-family dwellings are designed side -to -rear and for
lots that have multiple roadway frontages, including double -front or through lots and lots with three (3) or
more road frontages.
Staff feels that the proposed changes will help to clarify the existing Code and create more usable yard space
for corner and multi -front lots.
Issue:
Should the Honorable Mayor and City Commission approve an Ordinance implementing amendments to
Article V, Section 5-4.1, to clarify the requirements for corner lots and lots with multiple street frontages?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (PZC) reviewed and discussed proposed LDC amendments on June 14,
2022. Discussions during the hearing are summarized below:
Discussion Topic:
Response:
Why are some fences currently placed
Fences existing prior to January 1, 2000, shall be considered
anywhere from three (3) to five (5) feet
grandfathered and may be replaced in the location they were
from the property line?
constructed in.
Whether any exceptions were granted
No fence permits have been issued for any fences along the road
to a parcel on Ingram Road which has
on Ingram Road. The proposed Code does not allow a 6-ft fence
a 6-ft fence being built right along the
along the road right-of-way, and this proposed Ordinance does not
road.
propose any changes to fences along the roadway.
Management of complaints due to
Staff explained that the proposed review considerations (hierarchy
flexibility in the proposed Code,
of adjacent streets, presence of sidewalks and fences, orientation
specifically Section 5-4.1.D(3)
of existing driveways, etc.) would guide fence locations in a manner
which ensures safety. An interpretation book will be developed so
that staff can track fence permits for multi -front lots in order to try to
achieve consistency in review and implementation.
Following discussion, the PZC recommended approval of the proposed Ordinance.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve the proposed Ordinance
implementing amendments to Article V, Section 5-4.1, to clarify the fencing requirements for corner lots and lots
with multiple street frontages.
Attachment:
Proposed Ordinance for Section 5-4.1, Article V, LDC Amendment
Financial Impact:
None
Type of Item: (please mark with an 'x')
Public Hearing (Adoption Hearing)
For Clerk's Dept Use:
x Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
N/A
Reviewed by Finance Dept.
N/A
Reviewed by
N/A
ORDINANCE NO. 2022-
(LDC Update for Fences)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE V, SECTION 5-
4.1 FENCES RELATING TO DESIGN REQUIREMENTS FOR CORNER
LOTS AND LOTS WITH MULTIPLE FRONTAGES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority,
police power, land development and zoning authority, and governmental and proprietary powers
necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, the City recognizes that property owners wish to utilize more yard space for
personal use and desires to grant property owners greater ability to enclose more lot area in a
manner that maintains vehicular and pedestrian safety; and
WHEREAS, the City recognizes that clarification and additional provisions are needed
relative to fence requirements for corner lots and lots with multiple roadway frontages; and
WHEREAS, on June 14, 2022, the Planning and Zoning Commission, acting as the
Local Planning Agency, held an advertised and publicly noticed public hearing and
recommended approval of an amendment proposed by staff to revise Section 5-4.1 of the City
of Ocoee Land Development Code ("LDC") to clarify the fence requirements for corner lots and
lots with multiple roadway frontages; and
WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and welfare of
the public; and
WHEREAS, following advertisement and duly noticed public hearing on the Ordinance
on Tuesday, August 2, 2022, the Ocoee City Commission approved the amendments to Article
V, Section 5-4.1 of the LDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed
as true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The Ocoee 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 3. AMENDMENT OF THE LDC. Section 5-4.1 of Article V of the City of
Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" with
underlines representing additions and strike-throughs representing deletions.
SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
SECTION 5. 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
SECTION 6. CODIFICATION. It is the intention of the Ocoee City Commission that
the provisions stated in 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 re -lettered
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
re -lettered 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 re -
codified copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2022.
[Space intentionally blank]
-2-
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 12022.
SHUFFIELD LOWMAN & WILSON, P.A.
0
City Attorney
ADVERTISED , 2022
READ FIRST TIME 12022.
READ SECOND TIME AND ADOPTED
.2022.
UNDER AGENDA ITEM NO.
-3-
EXHIBIT "A"
Changes are hereby made to Section 5-4.1 as follows, with underline representing additions
and strike -through representing deletions:
ARTICLE V
§ 5-4.1. FENCES.
A. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to
be grandfathered as legal nonconforming structures. It is the burden of the property
owner to provide documentation to the City that the existing fence meets this
standard. Subject to obtaining building permits, grandfathered fences shall be allowed
to be repaired and/or replaced in the location they were constructed in, except that
safe sight triangles on corner lots must be maintained for all replacement fences.
B. 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 wall or fence located in front of the
front building line shall exceed four (4) feet in height and be no more than fifty (50)
percent opaque.
9:C. -No other wall or fence shall exceed six (6) feet in height, and all fences must
have up to a two-inch wariable setback from adjacent property line, so as to not
encroach on neighboring property.
D. Corner lots:
.1)_-In cases where: (1) two (2) corner lots adjoin at the end of a block, (2) the single-
family dwelling units are designed rear -to -rear, and (3) there are no garage or main
entry doorways exiting to the side street front yard, then in such cases, fences
greater than four (4) feet in height and no more than six (6) feet in height shall be
allowed within the side street front yard as long as a minimum setback of fifteen
five 5 {Meet or any easement area, whichever is greater, is maintained from
the property line and the fence extends along no more than one-half (%2) the depth
of the house.
2) In cases where (1) two (2) corner lots adjoin at the end of a block and the single-
family dwelling units are designed rear -to -side or (2) where a corner lot adjoins an
interior lot, no wall or fence shall be located in front of the front building line.
Walls or fences no greater than four (4) feet in height and no more than fifty (50)
percent opaque may be permitted within any yard.
-143) In the case of a through -lot, double -frontage lot or single lot where the lot is
surrounded on three (3) or more sides by a street, the hierarchy of the roadway
functional classification, presence of sidewalks, location of existing walls and
.In
fences along adjacent streets and orientation of existing driveways along each
street shall determine fence location and setbacks. In all instances, prior to
approval, mechanisms or measures shall be put in place to ensure vehicular and
Pedestrian safety.
-5-