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Home My WebLink About2022-13 Amending LDC for Fences ORDINANCE NO. 2022-13 (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 16, 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. 6.c&' PASSED AND ADOPTED this / ‘/day of , 2022. [Space intentionally blank] • -2- ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 1/1A lif/A4 Melanie Sibbitt, City Clerk Rusty JoFrn, Mayor (SEAL) ADVERTISED /4y#,J-74 , 2022 READ FIRST TIME , 2022. READ SECOND TIME ATJD ADOPTED "4t1.57` , 2022. UNDER AGEKDA ITEM NO. /5 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 104* day of A-L.,&tis-r , 2022. SHUFFIELD LOWMAN &WILSON, P.A. By: Cit 71111-r -3- EXHIBIT "A" Changes are hereby made bo Section 5-4.1 as follows, with underline representing additions and strike-through representing deletions: ARTICLE V *** § G-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 oVvD2r 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 end/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 vva|| 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. &C. -00 other wall or fence shall exceed six /6\ feet in height, and all fences rnUsf have up to a two-inch variable setback from adjacent property line, so as to not encroach on neighboring property. O.Corner lots: I\ -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 SinBet front yard as long as a nlin)DlUrD setback of fifteen five /5\ /15\ feet or any easement area, whichever isgreater, is maintained from the property line and the fence extends along no more than one-half(Y2)the depth of the house. 2\ In cases where (l) two /2\ corner lots adjoin at the end of block and the single- family dwelling units are designed rear-to-SideO[ (2) where 8 corner lot adjoins an interior |o1, no xva|| or fence shall be located in front of the front building line. VVa||s or fences no greater than four /4\ feet in height and no more than fifty /50\ percent opaque may ba permitted within any yard. 445\ In the case of 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 vva||s and -4- 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-