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HomeMy WebLinkAboutItem #06 Residential Front Yard Ordinance (First Reading) center of Good L, ~e l',^_ ~ .. . :.. .:1f' ~ AGENDA ITEM COVER SHEET Meeting Date: October 16, 2007 Item # Co Contact Name: Contact Number: Russ Wagner (407) 905-3157 Reviewed By: Department Director: City Manager: -2 b.Ll, ~ , ~ Subject: Residential Yard Regulations Ordinance Background Summary: In 2005, several members of the City Commission brought to staff's attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16, 2005, staff presented a summary of findings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on corner lots, front yard parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. On September 5, 2006 the City Commission held a Public Hearing on the proposed amendments and tabled the issue until further discussion ensued. Issue: Should the Honorable Mayor and City Commissioners approve amendments to the Land Development Code and City Code of Ordinances relative to various residential front yard regulations affecting boats and recreational vehicles, parallel street parking in the grassed easement between side walks and streets, the placement of mechanical equipment on corner lots, front yard parking the conversions of garages to living spaces, fences in front and side yards, corner lot setbacks, and open space requirements for single-family residential lots? Recommendations Based on the recommendation of the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners adopt an ordinance to amend portions of the Land Development Code and City Code of Ordinances relating to residential yard issues. Attachments: Staff Analysis Ordinance 2007-xxx Changes Made to Staff Proposal to Address Comments Raised at Planning & Zoning Commission Meeting Excerpts Chapter 168 - Code of Ordinances Excerpts Article V & VI - Land Development Code Ordinance 2007-007 Financial Impact: N/A Type of Item: (please mark with an "x') X Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A X N/A N/A O:\Staff Reports\2007\SR07077 _RBW _ResidentialY ard RegulationsOrdinance _ CC.doc 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELA TING TO RESIDENTIAL YARD ISSUES; AMENDING SECTION 168-4(A) OF THE CITY CODE BY ADDING A NEW SUBSECTION 16 PROHIBITING THE PARKING OF VEHICLES IN CERT AIN GRASSED OR LANDSCAPED PORTIONS OF ROADWAYS; AMENDING SECTION 168-6 OF THE CITY CODE RELATING TO PARKING ON PRIVATE AND PUBLIC PROPERTY BY EXPANDING THE LIST OF VEHICLES PROHIBITED FROM PARKING ON PRIVATE AND PUBLIC PROPERTY; AMENDING PORTIONS OF SECTION 5-4 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO OPEN SPACE, SETBACKS AND FENCES; ADDING A NEW SECTION 5-4.1 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO THE GRANDFATHERING OF FENCES ERECTED PRIOR TO JANUARY 1,2000; AMENDING SECTION 6-4(G)(I) OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) BY ADDING A PROVISION RELATING TO PARKING REQUIREMENTS ASSOCIATED WITH THE CONVERSION OF PRIVATE GARAGES TO LIVING OR STORAGE AREA; AMENDING SECTION 6-4(H) OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO OFF- STREET PARKING LOT REQUIREMENTS, THE PARKING OF VEHICLES IN FRONT YARDS AND THE PARKING OF RECREA TIONAL VEHICLES, BOA TS AND CAMPING VEHICLES IN FRONT YARDS; ADOPTING A NEW SECTION 6- 16 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RELATING TO THE PLACEMENT OF CERT AIN EQUIPMENT ON RESIDENTIAL CORNER LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 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. ORLA_ 418940.2 SECTION 2. Section 168-4(A) of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended by adding a new Subsection 16 to read as follows: A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection. (4) On a crosswalk. (5) Within 15 feet of a firc hydrant. (6) Within 30 feet of any stop sign located at the side of a roadway. (7) Within 30 feet of the nearest rail of a railroad crossing. (8) Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. (9) On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. (10) At any place where an official sign prohibits parking. (11) At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. (12) On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street Department is responsible for posting the appropriate no-parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no- parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. (13) On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting thc appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police ORLA_ 418940.2 -2- Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius ofless than 30 feet. (15) Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. ill.) Parkin2: of vehicles shall_beQ.rohibit~d in 2:fassed or landscaped portions of all Qublic and orivate road\'@Ys and .ri2:hts-of-wav except alon2: the followin2: roadwavs: A.D. Mims Road. FlewellinkL.Avenue. Wurst Road. Center Street. Ocoee Hills Rml\lRussell Drive. and Willo~ c:reek Road. SECTION 3. Section 168-6 of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 168-6. Parking on private and Dublic property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tcnnis courts and youth centers. ORLA_ 418940.2 -3- (c) Property which is zoned R 1, RIA, R 1 ,\A, R 1 AAA, R 2 or PUD Planned Development and has been improved with a dwelling. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles: camoingftraveLtrailers; haulin2: trailei& recreational vehicles (RV): boats or <:;amoin2: vehicles on privately owned streets and oublic road rights-of-way or on any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. For the Additionallv. construction and lawn eauioment trailers and vehicles shall not be oarked in the front vard or the road ril!ht-of-wav. These must be parked behind the frontbujldinf! setback and screened front and side with a six (6) foot ooaaue fence with 2:ate. Fo!, purposes of this section, a "commercial vehicle" is any truck aRdor other vehicle having a rated capacity of over 1 Y2 tons. The provisions of the subsection shall not applyJQjiLany v~hicle owned or controlled bv the Citvof Ocoee or anv other 2:ovemmental entitv. (ii) anv in-service ambulance. or (iii) anvother ~p1ergencv vehicle. D. The parking of buses on privately owned streets and public road rights-of-way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Protective InspectionsCommu1].itv Develooment Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. SECTION 4. Section 5-4 of Chapter 180 of the Code of Ordinances of the City ofOcoee, Florida, (the Land Development Code) is hereby amended to read as follows: ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. ORLA_418940.2 -4- B. 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 yard a distance not to exceed fivc (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 comer visibility requirements of this Code shall be met, and provided further that no .feooe,wall or fie6gefence 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. C. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the edge of right-of- way. D. No dwelling shall be erected on a lot which does not abut at least one street, which is at least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. E. The owner of any lot of record existing at the time of the adoption ofthis Code that does not meet the above criteria may apply to the Board of Adjustment for a variance for the construction of a single-family home. The Board of Adjustment shall make a recommendation and the City Commission shall determine that there is reasonable access to the property, and that this action will create no adverse impact on adjacent properties, before a variance is granted. F. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than thirty (30) percent of the rear yard. G. On any comer lot, the applicable front yard setback shall apply to both street frontages. InQases where (1) two comer lots agj9il} atthe._end of a block. (2) where the sinl!le-familv dweHingunitsure desiwcd rear t9 n:a,r., a.!1(j (3) where there are no 2:ara2:e or main entrv doorways_exiting tg the side front yard, then !I}suc;pc;ases. the front side buildin2: setback shall be reduced to_1 5~feetfrQm the orooertv line. Th~ foree:oim! orovision aoolies onlv to new sine:le-familv dwellings for which buildin2: oermits areobta,il1c<i after October 1. 2006. H. On any comer lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations betwcen two (2) feet, six (6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector strects. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall bc forty (40) feet. ORLA_4189402 -5- 1. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. In cases where (1) two comer lots adioin at the end of a block, (2) wh~~~ the si!l2:1e-familv dwellin2: units are desi2:lled rear to r.e.ar ..Jitld {3) where there are no 2:ara2:e or ma,in el'!!!'Y doorways exitin2: to the side front vard. then in suehJ;asesJenccs greater than four1-41Jeet and no more than six (6) feet in heiwt shall be allowed within the side front vard as lonz_~s a minimum setback of fifteen (15) feet is maintained fromJ2fQnertv line and the fenc~_~xtends alon2: no more than Y2 the deoth of the house. 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 (7' /) feet to the rear lot line and no closer than seven and one-half (7' /) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The reauired open soace area for a sin2:1e-familv residential lot shall not include covered arca with any imoerviousmaterials such as stone. !!raveL rock or impervious mulch materials. In no c~se shall anv imoervious materials. other than.1hose reauircd for sidewalks, drivcwavs o!..Qarkin2: area oarons. be olaced within oublie or orivate roadway right-of-ways. ForJhe pumoses of this subsection. imoervious mulchmateria~ defined as any material that~!&!lific;a!ltlv limits the absomtion of stormwater into the gr.Q_und~slJch as stone, !!raveland_!ocks that are used in landscaoin2:. SECTION 5. Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, (thc Land Development Codc) is hcreby amended to adding a new Section 5-4.1 to read as follows: Section 5-4.1 Fences. fences erected within the Citv ofOcoee orior to Janl.1a.ry l,2000~ shall be considered to be grandfatheI~d as lcgal non-confonnin2: structur~is the burden of the property owner to providc do(;umentatiQp to the Citv that the existine: fence mcets this standard. Subicct to obtainin2: building oermits. !!ranc!fathcred fences shall be allowed to be reoaired and/or reolaccd inJhe location they were constrllc;tcd il1~~xceot that safe siwt triane:les on comerJots must bc maintl.lined.JQ[ all reolacemcnt fcnccs, ORLA_ 418940.2 -6- SECTION 6. Section 6-4(G)(I) of Chapter 180 of the Code of Ordinances of the City ofOcoee, Florida, (the Land Development Code) is hereby amended to read as follows: (1) Residential, hotel, motel and lodge. (a) Dwelling, single-family or duplex: Two (2) parking spaces for each separate dwelling unit within the structure. (b) Dwelling, multiple-family: The number of spaces provided shall not be less than two and one-quarter times the number of dwelling units. (c) Hotels, motels, boarding or rooming houses or tourist homes: One parking space for each bedroom, plus one additional space for a resident owner or manager and one additional space for each three (3) employees. One parking space for every six (6) seats in a restaurant facility. (d) Club, lodge or fraternity: One space for each bedroom, plus one parking space for each tifty (50) square feet of floor area used for assembly or recreation. (e) Dormitories: One space for each three (3) beds. (f) W.henanv orivate gara2:e is convertegJoliyjng or storage soace. at least two off~streeCparkin2: spaces shallb~ maintai!-led on the orooertv. If the foregoing standard cannot be met. then the conversion of a orivate 2:arage to living or stora2:e s..Qa_GeshalI be orohibited. If th~ conversion exists as of October 1, 2006. then theprovisious of this subsection shall not be: aoolicable. SECTION 7. Section 6-4(H) of Chapter 180 of the Code of Ordinances of the City ofOcoee, Florida, (the Land Development Code) is hereby amended to read as follows: H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. ORLA_ 418940.2 -7- ORLA_ 418940.2 Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass or mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (15) feet in width. Off-street turning and maneuvering space shall be provided for each lot containing six (6) or more spaces so that no vehicle will be required to back onto or from any public street or alley. (2) Residential driveways, parking spaces, motor courts, sidewalks, etc-;-: Any residential sidewalk, driveway, parking spaeespaces or other vehicle circulation area whether of a paved surface such as asphalt, concrete or brick, or of an unpaved surface such as gravel, mulch or dirt shall be set back at least two (2) feet from the side or rear property lines. " _The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. (3) All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn arrows, etc., are always easily discernible. (4) Permanent reservation. The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. (5) No_ varkiM.-of vehicles on a~jngLe-family residential lot shall be_ allowed in the front yard otherthan on design,!-!~Q hard surfaced drivewavs or varkiog areas. In no case shall designated hard surfaceg driveways or varkin2: areas increase th~ maximum imvervious_area of the entire lot to creater than fifty vercent (50%), and all varking areas shall be limited to no more than 50% of the reauired front yard area. On comer 10ts,frQ_nt-Y.ard varkin2: sh'!-H not extend into the reauired twenty: five (25) foot visibilityJrian2:1e. All off-stre~ar:king areas shall include a concrete avron between the property line and theJ?avement of the roadway where said varkin2: area directly acc~s_sesthe roadway; provided~owever. that the Pirector of Community Develovmentor his designee may waive the reauirement forClconcrete aoron if the vrooerty owneLcan demonstrate that the concrete aoron is not needeg to'-'protect the sidewalk located on_QLadjacent to the lot from damage by vehicles traveJLngj9 and from the off-street parkingarea. -8- ~ EB-Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provlslOns: (a) Not more than one commercial vehicle which does not exceed one and one-half (I 1/2) ton rated capacity per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted. (b) Not more than one (ilcamping or travel trailer or hauling trailer~ hauling trailer. (ili) recreational vehicle (RV). (iv) boat. (v) camoin2: vehicle, (vi) vehicle used for off-road ooerations, or (vii) motor-Dowered vehicle not licensed for use on a oublic roadwav or orivate street per family living on the premises shall be permitted, and said trailer. Anv such vehicle shall not exceed twenty four (21thirtv-six (36) feet in length or eight (8) feet in width; and further provided that said trailerand shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehiele, and screened with a s!~ iQ) foot high ooaaue fence with 2:ate. Anv such vehicle shall not be occupied~ either temporarily or permanently-wffil.e>--.ffi1~n it is parked or stored in any residential district, except when it is located in an authorized mobile home park~ Additionallv, construction and lawn equipment trailersJ-md_yehicles (i) shall not be oarked in the front yard or the. roa_d riRht-of-wav. and (ii) must be oarked behind the front building setback and screened front and side with a six (6) foot ooaaue fence with 2:ate. (c) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for more than one month unless in a completely enclosed building or carport. SECTION 8. Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, (the Land Development Code) is hereby amended by adopting a new Section 6-16 to read as follows: Section 6-16. Equioment on Residential Comer Lots. The olacement of mechanical. air conditioning, emergency generators. orooane tanks, oooJ filterinQ equioment or similar mechanical devices for sinQle family dwellinQs located on comer lots shall onlv be olaced within and limited to the interior side yard and not alon2: any side of the dwelling facinE the street unless such eauioment exists as of October 1, 2006, in which case the ORLA_ 418940.2 -9- orovisions of this secrionshall not b~_apP'licable: provided. however, that any such 2:fancifMhered eauioment may only be reo laced with the same OOCOfeQllipment that was removed. SECTION 9. 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 10. Codification. It is the intention of the City Commission of the City 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. [BALANCE OF THIS PAGE IS INTENTlONALL Y BLANK] ORLA_ 418940.2 -10- Ln________ SECTION 11. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this_ day of ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. FOLEY & LARDNER LLP{ By: City Attorney ORLA_ 418940.2 ,2006. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2006. and , 2006 READ FIRST TIME , 2006 READ SECOND TIME AND ADOPTED , 2006 UNDER AGENDA ITEM NO. -11- STAFF ANALYSIS Discussion: At the August 16, 2005 meeting, the City Commission and staff determined that no revisions were needed to the Land Development Code in regards to canopy covered parking structures in front and side yards since the Land Development Code already prohibits accessory structures in front and side yards, and determined that the Code of Ordinances clearly prohibits parked vehicles from overhanging sidewalks in residential neighborhoods, enforceable by the Police Department. Since that presentation, staff has re-evaluated the sections of the Land Developm ent Code and Code of Ordinances per the direction of the City Commission, and has drafted an ordinance which includes several other issues of concern in residential areas in addition to the issues discussed at the August 16, 2005 City Commission meeting. These include front and side yard fence requirements, corner lot building setbacks, open space requirements for single-family residential lots, and several amendments to the Code of Ordinances to ensure consistency with the proposed amendments to the Land Development Code and Code of Ordinances. A description of each proposed amendment is presented below: A. Boats. Recreation al Vehicles and Campers parked in front yards Currently, Section 6-4 H (5)(b) of the Land Development Code prohibits more than one camping or travel trailer exceeding 24-feet in length from being parked or stored for more than a 48 hour period on a residential lot if it is parked beyond the front yard building line. The Code Enforcement department has received numerous complaints in regards to boats, recreational vehicles, and camping or travel trailers being parked or stored in front yards for more than a 48 hour period. To allow the Code Enforcement department more latitude in enforcement of this requirement, staff is proposing to amend this section to prohibit boats, recreational vehicles, and camping or travel trailers from parking beyond the front yard building line on a residential lot if they exceed more than 36-feet in length for more than a 48 hour period. In addition, language has been added to prohibit construction and lawn equipment trailers and vehicles from parking in the front yard or the road right-of-way. This new provision will require these trailers to be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. "Not more than one camping or travel trailer ef~ hauling trailer: recreational vehicle: boat or campinG vehicle per family living on the premises shall be permitted, and said YaiIef vehicle shall not exceed twontj' four (24) thirty-six (36) feet in length or oight (B) foot in wifI#:I.; and further provided that said YaiIef vehicle shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line and screened with a six (6) foot hiGh opaque fence with Gate. /\ o::lmpifl€] or tHWf}t traitor, or o::lmping vohio!o, Anv such vehicle shall not be occupied either temporarily or permanently when it is parked or stored in any residential district, except when it is located in an authorized mobile home park. Additionallv. construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road riQht-of- way. These must be parked behind the front buildina setback and screened front and side with a six (6) foot opaaue fence with Gate." Section 168-6 C of the Code of Ordinances prohibits the parking of commercial vehicles except for loading and unloadi ng purposes on privately owned streets and road rights-of- way or any private property, which is zoned residential, including planned unit developments. Staff is proposing to amend Section 168-6 C of the Code of Ordinances to further clarify the amendments proposed to Section 6-4 H (5)(b) of the Land Development Code. Therefore, it is proposed to amend Section 168-6 C of the City Code of Ordinances to prohibit camping/travel trailers, hauling trailers, recreational vehicles, boats and camping vehicles, in addition to commercial vehicles from parking on public road rights-of-way and privately owned streets road rights-of-way, or any private property which is zoned residential, including planned unit developments. Additionally, language has been added to prohibit construction and lawn equipment trailers and vehicles from parking in the front yard or the road right-of-way, and requires these vehicles to be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. "The parking of commercial vehicles: campina/travel trailers: haulina trailers: recreational vehicles (RV): boats or campina vehicles on privately owned streets and public road rights-of-way or any private property which is zoned residential, including planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. Additionally, construction and lawn eauipment trailers and vehicles shall not be parked in the front yard or the road riaht-of-way. These must be parked behind the front buildinG setback and screened front and side with a six (6) foot opaaue fence with aate. For purposes of this section, a 'commercial vehicle' is any truck and other vehicle having a rated capa city of over 1 Y2 tons. B. Parallel Street Parkina in arassed landscaped area between the sidewalk and street Currently, there is no provision in the Code of Ordinances Section 168-4.A. prohibiting the parking of vehicles in the grassed landscaped area located between the sidewalk and street. Typically, utilities such as water and sewer lines are located within these easements, more often in newer developments. When utilities located in these easements need to be accessed, it causes great difficulty for workers when vehicles are parked on these easements. To remedy this problem, staff is proposing to incorporate a provision into the Code of Ordinances prohibiting the parking of vehicles in the grassed or landscaped portions of all public and private road rights-of-ways, except for specific roadways as noted in the proposed ordinance. Parkina of vehicles shall be prohibited in Grassed or landscaped portions of all public and private roadway riGhts-of-way except alona the fOllowina roadways: A.D. Mims Road, FlewellinG A venue, Wurst Road, Center Street. Ocoee Hills Road, Russell Drive, and Willow Creek Road. C. Placement of mechanical eQ uipment on corner lots Currently, there is no provision in the Land Development Code regarding the placement of mechanical equipment, such as air conditioning units and pool filters for single-family dwellings located on corner lots. When mechanical equipment is installed on the street side of corner lots, it is exposed to view from the street, and negatively impacts the aesthetic appearance of the surrounding neighborh ood. To remedy this problem, staff is proposing to include a provision in Section 5-4 of the Land Development Code requiring mechanical equipment to be placed within the interior side yard and not along any side of the dwelling facing the street. In addition, a provision is proposed to allow grandfathering from these requirements if mechanical equipment exists in the street side yard prior to the approval of this ordinance. The olacement of mechanical. air conditioninq, emeraencv Generators, orooane tanks. 0001 filterinG equioment or similar mechanical devices for sinGle familv dwellinGS located on corner lots shall onlv be olaced within the interior side vard and not alonG anv side of the dwellinG facinG the street unless such equioment exists as of the date of this ordinance. in which case the orovisions of this section shall not be aoolicable. D. Front Yard Parkina The parking of vehicles in the grassed areas of front yards in residential areas is a problem that negatively impacts on the aesthetic appearance of the overall neighborhood. The Code Enforcement Department has documented numerous instances of parked vehicles taking up the entire grassed area of front yards. In order to alleviate this problem, it is proposed to amend Section 6-4 H (2) of the Land Development Code to make it consistent with Section 6-4 H (1) of the Land Development Code, which requires a hard, dustless surface for off-street parking in non- residential areas. This amendment will require vehicles parked on the front yard of a single-family residential lot to be parked on a hard surfaced driveway or parking area. "Residential driveways, parking spaces, motor courts, sidewalks, etc: Any residential sidewalk, driveway, parking spaces or other vehicle circulation area \'/-fwthor of a paved surface such as asphalt, concrete or brick, or of :m unpollod surfaco such os gro'lol, mu,loh or dIrt shall be set back at least two (2) feet from the s ide or rear property lines." The following amendment will not change the maximum impervious area of the entire lot, but will permit the parking surface to cover up to 50% of the required front yard area. On corner lots, front yard parking areas will be prohibited from extending into the required twenty-five (25) foot visibility triangle. Additionally, all off-street parking on single-family residential lots will be required to include a concrete apron between the property line and the pavement of the roadway where the parking area directly accesses the roadway in order to preserve the grassed easement area, sidewalk, and curbing from damage. No oarkinG of vehicles on a sinqle-familv residential lot shall be allowed in the front vard other than on desiGnated hard surfaced drivewavs or oarkinG areas. In no case shall desiGnated hard surfaced driveways or parkinG areas increase the maximum impervious area of the entire lot to Greater than fifty percent (50%), and all parkinG areas shall be limited to no more than 50% of the reGuired front yard area. On corner lots, front yard parkinG shall not extend into the reGuired twenty-five (25) foot visibility trianGle. All off-street parkinG areas shall include a concrete apron between the property line and the pavement of the roadway where said parkinG area directly accesses the roadway. E. Garaae conversions to livina space Section 6-4 G (1)(a) of the Land Development Code requires two (2) parking spaces for all single-family and duplex units. The garage may be utilized as one of the required parking spaces. When conversions of garages into living areas occur, one of the required parking spaces is removed, and in many instances front yards begin to be used as parking areas. In the newer subdivision developments, garage conversions do not appear to be a concern since these conversions are prohibited by most governing covenants and deed restrictions. Most of the conversions that occur appear to be illegal conversions that do not allow the Building Division an opportunity to inspect. The City Commission reached a consensus to allow conversions of garages to living spaces, provided that a total of two parking spaces still remain on the property. Based on this, staff is proposing to incorporate a provision into Section 5-4.1 of the Land Development Code allowing garage conversions as long as two oft-street parking spaces can be provided. This provision will prohibit garage conversions if two parking spaces cannot be provided. In addition, a grandfathering provision is proposed to exempt conversions that exist as of the date of passage of the proposed ordinance. When any private GaraGe is converted to livinG or storaGe space, at least two off-street parkinq spaces shall be maintained on the property. If the foreGoinG standard cannot be met. then the conversion of a private GaraGe to livinG or storaGe space shall be prohibited. If the conversion exists as of the date of this ordinance, the provisions of this section shall not be appli cable. F. Fences in front and side yards Section 5-4. B of the Land Development Code permits fences in front yards provided they do not exceed 4-feet in height beyond the front building line, and 6-feet on any other portion of the property. A modification is needed to limit this to structures and not landscaping. "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 furth er that no wall, or fence or hodgo 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." Further it states in Section 5-4 H, the following: "On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lots lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. " In some instances when fences are erected on the street side of corner lots, it has been observed they extend along the length of the front yard of the adjacent corner lot when the unit orients toward the street. This creates a significant visual barrier, and no changes are proposed to the current 25-foot setback. However, in order to provide reduced setback provisions for fences on certain corner lots, staff is recommending incorporation of a provision into this section of the Land Development Code allowing fences greater than four (4) feet and no more than six (6) feet in height within the side front yard of single-family dwelling units provided they are designed rear to rear, no garage or main entry doorways exit to the side front yard, and a minimum setback of fifteen (15) feet is maintained from the property line as long as the fence extends along no more than % the depth of the house. Additionally, staff is proposing a grandfathering provision to allow fences not meeting these requirements that are erected prior to January 1, 2000, to be considered gr andfathered as legal non-conforming structures. In cases where (1) two corner lots adjoin at the end of a block, (2) where the sinale- family dwellina units are desianed rear to rear. and (3) where there are no aaraae or main entry doorways exitina to the side front yard, then in such cases, fences areater than four (4) feet and no more than six (6) feet in heiaht shall be allowed within the side front yard as lona as a minimum setback of fifteen (15) feet is maintained from property line and the fence extends alona no m ore than ~ the depth of the house. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be arandfathered as leaal non-conformina structures. It is the burden of the property owner to provide documentation to the City that the existina fence meets this standard. Subject to obtainina buildina permits, arandfathered fences shall be allowed to be repaired and/or replaced in the location they were constructed in, except that safe siaht trianales on corner lots must be maintained for all replacement fenc es. G. Corner lot buildinQ setbacks Currently, Section 5-4.G of the Land Development Code requires corner lots to maintain the required front yard building setback on both street frontages. Staff is proposing to amend this section of the Land Development Code to allow a reduced side street building setback to 15-feet where two corner lots adjoin at the end of a block when single-family units are designed rear to rear, and where no garage or main entry doorways exit to the side front yard on the same block for new single-family dwellings. This amendment will apply only to new single-family dwellings for which building permits have been obtained after the effective date of this ordinance. In cases where (1) two corner lots adjoin at the end of a block, (2) where the sin ale- family dwellina units are desianed rear to rear, and (3) where there are no aaraae or main entry doorways exitina to the side front yard, then in such cases. the front side buildina setback shall be reduced to 15-feet from the property line. The foreaoina provision applies only to new sin ale-family dwellinas for which buildina permits are obtained after the effective date of this ordinance. H. Code of Ordinances Amendments In order to ensure consistency with the proposed amendment to Section 6-4 H (5)(b) of the Land Development Code, staff is proposing an amendment to Section 168-6 B. (1) (C) of the Code of Ordinances to remove properties zoned residential from the list of properties where the parking or storage of any motor vehicle is prohibited. .or-opor:ty \'.'hfGR is zonod R 1, R 1 A, R 1 A,A., R 1 /\ AA. , R 2 or ,DUD Pk;lRnod Do'/o!opmont ::mGi has Goon fFr-lf9FO'.'od '!I fth :1 dwo!/ing. Additionally, an amendment to Section 168-6. E of the Code of Ordinances is proposed to give the Community Development the responsibility for the enforcement of parking requirements on private property instead of the Protective Inspections Department, which has since become part of the Community Development Department. The Pr-otOGti'.<e JRSPOOtiORS Community Development Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. I. Open space requirements for sinqle-familv residential lots Recently, it has come to the attention of staff that the yards of several single-family residential properties located within the City have been covered with impervious materials such as stone, gravel, rock, and other impervious mulch materials. Since these materials are impervious, they may not absorb rainwater as well as a planted material. This can eventually lead to problems with drainage that can cause flooding of the lot, and can potentially cause adverse stormwater runoff to neighboring properties. In addition, there are aesthetic reasons to ensure consistency of appearance along residential avenues to maintain property values. In order to ensure that open space is preserved and the pervious area of a lot is not impacted, staff has proposed the addition of a provision to Section 5-4 of the Land Development Regulations prohibiting impervious materials such as stone, gravel, rock and other impervious mulch materials within the required 50% open space area for a single-family residential lot. This provision will also prohibit impervious materials other than those required for sidewalks; driveways or parking area aprons from being placed within public or private road rights-of-way. The reauired open space area for a sinale-familv residential lot shall not include covered area with any impervious materials such as stone. aravel. rock or impervious mulch materials. In no case shall any impervious materials. other than those reauired for sidewalks. driveways or parkina area aprons. be placed within public or private roadway riaht-of-wavs. Plannina & Zonina Commission Recommendation: On August 8, 2006, the Planning & Zoning Commission considered the proposed amendments to the Land Development Code and City Code of Ordinances relative to various residential front yard regulations affecting boats and recreational vehicles, parallel street parking in the grassed easement between sidewalks and streets, the placement of mechanical equipment on corner lots, front yard parking, the conversions of garages to living spaces, fences in front and side yards, corner lot setbacks, and open space requirements for single-family residential lots. In regards to the amendment to Section 168-6 C of the City Code of Ordinances related to boats, recreational vehicles and campers parked in front yards of single-family residential lots, the Planning & Zoning Commission recommended that the term commercial vehicles be expanded to omit City and emergency vehicles from the list of vehicles prohibited from parking on public road rights-of-way and privately owned streets road rights-of-way, and added off-road vehicles or vehicles not licensed for street use to the list of prohibited vehicles from parking in a public right-of-way or private property which is zoned residential. In regards to the amendments related to the placement of mechanical equipment on corner lots, the Planning & Zoning Commission recommended a provision be incorporated into the grandfathering section of the amendment to Section 5-4 of the Land Development Code that requires any mechanical equipment that is removed from the street side yard to only be replaced with the same type of mechanical equipment that was removed. In regards to the amendments proposed to Section 5-4 of the Land Development Code pertaining to open space requirements for single-family residential lots, the Planning & Zoning Commission requested staff clarify the term "impervious mulch materials". Per the request of the Planning & Zoning Commission, staff has defined the term impervious mulch materials as any material that significantly limits the absorption of stormwater into the ground, such as stone, gravel, and rocks that are used in landscaping. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. CHANGES MADE TO STAFF PROPOSAL TO ADDRESS COMMENTS RAISED AT PLANNING & ZONING COMMISSION MEETING. RESIDENTIAL YARD ISSUES INSERTS FOR LDC AMENDMENT (8/06) ~ 168-4 Parking, stopping and standing prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) ORLA_ 420983.1 On a sidewalk. In front of a public or private driveway. Within an intersection. On a crosswalk. Within l5 feet of a fire hydrant. Within 30 feet of any stop sign located at the side of a roadway. Within 30 feet of the nearest rail of a railroad crossing. Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. At any place where an official sign prohibits parking. At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street 8/28/06 Department is responsible for posting the appropriate no-parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no- parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. (13) On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius ofless than 30 feet. (15) Within a roadway other than parallel with the edge ofthe roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. (16) Parking of vehicles shall be prohibited in grassed or landscaped portions of all public and private roadways and rights-of-way except along the following roadways: A.D. Mims Road, Flewelling Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive, and Willow Creek Road. B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked for more than 48 hours in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to S 165-6 of the Code, then the officer is hereby authorized to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in S 165-9 of the Code~ ORLA_ 420983.1 8/28/06 ~ 168-6. Parking on private and public property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles; camping/travel trailers; hauling trailers; recreational vehicles (RV); boats or camping vehicles on privately owned streets and public road rights-of-way or on any private property which is zoned residential, including planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. Additionally, construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. These must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. For purposes of this section, a .:.::commercial vehicle~: is any truck aB€lor other vehicle having a rated capacity of over 1 ~ tons. The orovisions of the subsection shall not aoolv to en anv vehicle owned or controlled bv the Citv of Ocoee or any other 2:ovemrnental entitv. (ii) anv in-service ambulance. or om anv other emenzencv vehicle. D. The parking of buses on privately owned streets and public road rights-of-way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a ORLA_ 420983.1 8/28/06 vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Community Development Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. ORLA_ 420983.1 8/28/06 ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. 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 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 wall or fence located in front ofthe front building line shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height. C. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the edge of right- of- way. D. No dwelling shall be erected on a lot which does not abut at least one street, which is at least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. E. The owner of any lot of record existing at the time of the adoption of this Code that does not meet the above criteria may apply to the Board of Adjustment for a variance for the construction of a single-family home. The Board of Adjustment shall make a recommendation and the City Commission shall determine that there is reasonable access to the property, and that this action will create no adverse impact on adjacent properties, before a variance is granted. F. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than thirty (30) percent of the rear yard. G. On any corner lot, the applicable front yard setback shall apply to both street frontages. In cases where (1) two corner lots adjoin at the end of a block, (2) where the single- family dwelling units are designed rear to rear, and (3) where there are no garage or main entry doorways exiting to the side front yard, then in such cases, the front side building setback shall be reduced to 15-feet from the property line. The foregoing provision applies only to new single-family dwellings for which building permits are obtained after October 1, 2006. H. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion of the crown ofthe adjacent ORLA_ 420983.1 8/28/06 roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. In cases where (1) two corner lots adjoin at the end of a block, (2) where the single-family dwelling units are designed rear to rear, and (3) where there are no garage or main entry doorways exiting to the side front yard, then in such cases, fences greater than four ( 4) feet 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 property line and the fence extends along no more than ~ the depth of the house. 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 (7' /) feet to the rear lot line and no closer than seven and one-half (7' /) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The required open space area for a single-family residential lot shall not include covered area with any impervious materials such as stone, gravel, rock or impervious mulch materials. In no case shall any impervious materials, other than those required for sidewalks, driveways or parking area aprons, be placed within public or private roadway right-of-ways. For the ourooses ofthis subsection. imDervious mulch materials are defined as anv material that si2:nificantlv limits the absomtion of stormwater into the 2:round. such as stone. 2:ravel and rocks that are used in landscaoin2:. ORLA_ 420983.1 8/28/06 LDC 5.4.1 Fences (1) Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be grandfathered as legal non-conforming 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. ORLA_ 420983.1 8/28/06 LDC 6-4 (G)(1) (I) Residential, hotel, motel and lodge. (a) Dwelling, single-family or duplex: Two (2) parking spaces for each separate dwelling unit within the structure. (b) Dwelling, multiple-family: The number of spaces provided shall not be less than two and one-quarter times the number of dwelling units. (c) Hotels, motels, boarding or rooming houses or tourist homes: One parking space for each bedroom, plus one additional space for a resident owner or manager and one additional space for each three (3) employees. One parking space for every six (6) seats in a restaurant facility. (d) Club, lodge or fraternity: One space for each bedroom, plus one parking space for each fifty (50) square feet of floor area used for assembly or recreation. (e) Dormitories: One space for each three (3) beds. (f) When any private garage is converted to living or storage space, at least two off-street parking spaces shall be maintained on the property. If the foregoing standard cannot be met, then the conversion of a private garage to living or storage space shall be prohibited. If the conversion exists as of October 1, 2006, then the provisions of this subsection shall not be applicable. ORLA_ 420983.1 8/28/06 LDC 6-4 (H) H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. (2) (3) (4) (5) ORLA_ 420983.1 Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass or mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (15) feet in width. Off-street turning and maneuvering space shall be provided for each lot containing six (6) or more spaces so that no vehicle will be required to back onto or from any public street or alley. "Residential driveways, parking spaces, motor courts, sidewalks, etc: Any residential sidewalk, driveway, parking spaces or other vehicle circulation area of a paved surface such as asphalt, concrete or brick, mulch or dirt shall be set back at least two (2) feet from the side or rear property lines." The provisions ofthis Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn arrows, etc., are always easily discernible. Permanent reservation. The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. No parking of vehicles on a single-family residential lot shall be allowed in the front yard other than on designated hard surfaced driveways or parking areas. In 8/28/06 no case shall designated hard surfaced driveways or parking areas increase the maximum impervious area of the entire lot to greater than fifty percent (50%), and all parking areas shall be limited to no more than 50% of the required front yard area. On corner lots, front yard parking shall not extend into the required twenty- five (25) foot visibility triangle. All off-street parking areas shall include a concrete apron between the property line and the pavement of the roadway where said parking area directly accesses the roadway: orovided. however. that the Director of Communitv Develooment or his desi2:nee mav waive the reauirement for a concrete aoron if the orooertv owner can demonstrate that the concrete aoron is not needed to orotect the sidewalk located on or adiacent to the lot from dama2:e bv vehicles travelinQ to and from the off-street oarkinQ area. (6) Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions: (a) Not more than one commercial vehicle which does not exceed one and one-half (1 1/2) ton rated capacity per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted. (b) Not more than one (i) camping or travel trailer, (ii) hauling trailer, (iii) recreational vehicle (RV), (iv) boat, er-(v) camping vehicle. (vi) vehicle used for off-road ooerations. or (vii) motor-oowered vehicle not licensed for use on a oublic roadwav or orivate street per family living on the premises shall be permitted. Any such vehicle shall not exceed thirty-six (36) feet in length and shall not be parked or stored for more than forty- eight (48) hours unless it is located behind the front yard building line and screened with a six (6) foot high opaque fence with gate. Any such vehicle shall not be occupied, either temporarily or permanently, when it is parked or stored in any residential district, except when it is located in an authorized mobile home park. Additionally, construction and lawn equipment trailers and vehicles (i) shall not be parked in the front yard or the road right-of-way, and (ii) must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. (c) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for more than one month unless in a completely enclosed building or carport. ORLA_ 420983.1 8/28/06 LDC 6-16 (NEW) A. The placement of mechanical, air conditioning, emergency generators, propane tanks, pool filtering equipment or similar mechanical devices for single family dwellings located on corner lots shall only be placed within and limited to the interior side yard and not along any side of the dwelling facing the street unless such equipment exists as of October 1,2006, in which case the provisions of this section shall not be applicable; ~ provided. however. that anv such 2:randfathered eauioment mav onlv be reolaced with the same tvoe of eauioment that was removed. ORLA_ 420983.1 8/28/06 Chapter 168 VEHICLES AND TRAFFIC Page 1 of8 Chapter 168 VEHICLES AND TRAFFIC ARTICLE I General Provisions ~ 168-1. Adoption of provisions. ~ 168-1.1. Definitions. ~ 168-2. Fees. penalties and procedures. ~ 168-3. Parking. stopping and standing on highway or street prohibited. ~ 168-3.1. Parking in fire lanes. ~ 168-4. Parking. stopping and standing prohibited. ~ 168-4.1. Parking of commercial vehicles or buses on public property. ~ 168-5. Enforcement. ~ 168-5.1. Immobilization of vehicles bearing outstanding citations. ~ 168-6. Parking on private property. ~ 168-6.1. Exceptions. ~ 168-6.2. Load and weight limits on public roads. ARTICLE II Disposition of Infractions ~ 168-7. Adoption of provisions. ~ 168-8. Ocoee Police Infraction Hearing Board. ~ 168-9. School crossing guard program.[HISTORY: Section 2, Exhibit A, of Ord. No. 2007-007, adopted May 15, 2007, amended, restated and superseded Chapter 168 in its entirety. Former Chapter 168 derived from Ord. No. 94- 20, Ord. No. 97-16, and Ord. No. 2001-16.]GENERAL REFERENCESBoats and boating -- See Ch. 48.Railroads-- See Ch. 135.Streets and sidewalks -- See Ch. 153.Abandoned and junk vehicles -- See Ch. 165. ARTICLE I General Provisions ~ 168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the city, and its provisions shall control traffic within the city. ~ 168-1.1. Definitions. The definitions set forth in 9 316.003, Florida Statutes, as from time to time amended, shall be applicable to this article. ~ 168-2. Fees, penalties and procedures. A. Except as provided in 9 168-28 below, a citation issued in connection with the violation of any provision of this Section (each, a "parking violation" or "parking infraction" for purposes of this Article only) shall carry a fine in the amount of $40 for each parking violation so long as s aid fine is paid within 14 calendar da ys. 8. A citation issued for parking or standing in a parking space designated for handicap or disabled parking without the appropriate permit shall carry a fine in the amount of $250 for each infraction as long as said fine is paid within 14 calendar day s. C. Any person receiving a parking citation shall, within 14 calendar days from the date of issuance of the citation, do one of the following: (i) pay the civil penalty prescribed on the citation, or (ii) elect to contest the citation by completing the "Contesting Affidavit" attached to the citation and delivering the completed Contesting Affidavit together with a filing fee in the amount of $10 to the Chief of Police, his designee or such other person that may be designated on the citation. The filing fee shall be nonrefundable unless the Chief of Police or his designee determines that a parking violation did not occur as http://libraryl.municode.com/mcc/DocView/14323/1/60?hilite=chapter;chapters; 168; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 2 of8 provided in S 168-2D below or the Ocoee Police Infraction Hearing Board determines that the parking violation did not occur. Any person who fails to pay the civil penalty prescribed on the citation or deliver the Contesting Affidavit as set forth herein within 14 calendar day s from the date of issuance of the citation shall incur a delinquent fee of $15 and be deemed to have waived his/her right to contest the merits of such citation. Any person electing to contest a citation pursuant to this paragraph shall be deemed to have waived his/her right to pay the civil penalty prescribed on the citation and may be subject to additional fines and fees if same are imposed by the Ocoee Police Infraction Hearing Board pursuant to S 168-8 of this Chapter. D. Upon receipt of a Contesting Affidavit, the Chief of Police or his designee shall review such affidavit and make a determination as to whether, based on the evidence presented on the Contesting Affidavit, a parking infraction has been committed. If the Chief of Police or his designee determines, based on the evidence presented in the Contesting Affidavit, that no parking infraction has been committed, then the Chief of Police or his designee shall void the citation, provide written notice of same to the person who submitted the Contesting Affidavit and refund the filing fee. If the Chief of Police or his designee determines, based on the evidence presented in the Contesting Affidavit, that there is probable cause to believe that a parking violation has occurred, then the Chief of Police or his designee shall request a hearing before the Ocoee Police Infraction Hearing Board to consider the contested ci tation. E. Civil penalties or fines collected pursuant to this Section that be disbursed as follows: 1 . Fifty percent of each traffic violation shall be deposited into the City's General Fund maintained by the City Finance Department. 2. The remaining 50% of each traffic violation shall be divided as follows: a. Five dollars of each traffic violation paid shall be deposited into a School Crossing Guard Fund and maintained by the City Finance Department. b. The remaining funds are to be deposited into the Ocoee Police Department's Fines and Forfeiture account. F. Procedures upon noncompliance with parking violation notice: 1. The Ocoee Police Department shall accept payment of civil penalties for parking violations and issue receipts therefore. The Ocoee Police Department shall maintain a record of such civil penalties and shall daily report the monies collected and deposited in the City's depository bank to the City Finance Department. 2. If the registered owner of a motor vehicle to which a parking citation has been affixed thereto does not respond to such notice within 14 calendar days of the date of the such notice, a $15 delinquent fee per violation against the registered owner of the motor vehicle which was cited shall be accessed. Notice of the parking violation and the failure to comply therewith shall be sent to the registered owner of the vehicle. Such notice shall direct the recipient to respond within ten calendar days. 3. Citations not paid may be referred to a collection agency. 4. The Chief of Police or his designee is hereby authorized and directed to supply the State of Florida Department of Highway Safety and Motor Vehicle with a magnetically encoded computer tape reel or cartridge, which is machine readable by the installed computer system at said Department listing persons who (i) have three or more outstanding parking violations, or (ii) one or more http://libraryl.municode.com/mcc/Doc View/14323/1 /60?hilite=chapter;chapters; 168; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 3 of8 parking violation(s) of S 316.1955, Florida Statutes, or S 316.1956, Florida Statutes, or any City ordinances which regulate similar parking in spaces designated for use by disabled persons. ~ 168-3. Parking, stopping and standing on highway or street prohibited. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any highway or street when it is practicable to stop, park or so leave the vehicle off such part of the highway or street, but in every event an unobstructed width of the highway or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway or street. B. This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main traveled portion of a highway or street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway or street conditions render such parking off the paved portion of the highway or street hazardous or impractical. C. No person shall park or leave standing any vehicle or trailer, whether attended or unattended, upon the road right-of-way, with signage indicating "For Sale", "For Offering" or other adverti sement for sale. D. Removal of vehicles. 1. Whenever any police officer finds a vehicle standing upon a highway, street or road right-of-way in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle or require the driver or other persons in charge of the vehicle to move the same to a position off the paved or main traveled part of the highway or street. 2. Notwithstanding any other provision of this Article to the contrary, Police officers are hereby authorized to provide for the removal of any abandoned or unattended vehicle to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city, as provided in S 165-9 of the Code, or other place of safety when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way where such vehicle constitutes an obstruction of traffic. ~ 168-3.1. Parking in fire lanes. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any highway or street designated as a fire lane and appropriately marked as such by the City Fire Chief or his designee. B. Notwithstanding any other provision of this Article to the contrary, whenever any police officer finds a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the police officer is authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in S 165-9 of the Code. C. Notwithstanding any other provision of this Article to the contrary, whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department find a vehicle standing upon a highway or street in violation of the foregoing http://libraryl.municode.com/mcc/Doc View/14323/1 /60?hilite=chapter;chapters; 168; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 4 of8 provIsions of this section, the foregoing Fire Department officials are authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in 9 165-9 of the Code. ~ 168-4. Parking, stopping and standing prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection. (4) On a crosswalk. (5) Within 15 feet of a fire hydrant. (6) Within 30 feet of any stop sign located at the side of a roadway. (7) Within 30 feet of the nearest rail of a railroad crossing. (8) Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. (9) On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. (10) At any place where an official sign prohibits park ing. (11) At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. (12) On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street Department is responsible for posting the appropriate no-parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no-parking sign by vandalsor any other means will not be grounds to escape citation for illegal parking. (13) On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius of less than 30 feet. (15) Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. B. Whenever a police officer finds a vehicle to be stopped, standing or parked in http://libraryl.municode.com/mcc/Doc View/14323/1 /60?hilite=chapter;chapters; 168; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 5 of8 violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 24 hours pursuant to 9 165-6 of the Code, then the officer is hereby authorized to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in 9165-9 of the Code. ~ 168-4.1. Parking of commercial vehicles or buses on public property. A. The parking of commercial vehicles on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code1 for the city, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck or other vehicle having a rated capacity of over 1 1/2 tons. 1 Editor's Note: See ch. 180, land Development Regulations. B. The parking of buses on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students, bothpublic and private. C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of any of the foregoing provisions of this section, the officer is authorized to take the following actions: (1) If the vehicle is occupied, to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. (2) If the vehicle has been parked in violation of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 24 hours pursuant to 9 165-6 of the Code, to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in 9 165-9 of the Code. (3) If the vehicle is unoccupied or unattended and within the past 90 days the owner of such vehicle has been issued a citation, as provided in 9 168-5B of this Article, for the violation of any of the foregoing provisions with respect to such vehicle and such citation has not been contested, as provided in 9 168-5C of this Article, as of the date of the new violation, to provide for the removal of the vehicle without further notice to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city as provided in 9 165- 9 of the Code. http://libraryl.municode.com/mcc/Doc View/14323/1/60?hilite=chapter;chapters; I 68; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 6 of8 ~ 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of 99 168-3, 168-4, 168-4.1, and 168-5.1. In addition, the Department of Police shall also be authorized to enforce 99 168-3.1 and 168-6. Notwithstanding any other provision of this Chapter to the contrary, any City of Ocoee police officer or any other person authorized by the Chief of Police may enforce the provisions contained in this Chapter and issue citations for the violations of any of the provisions of this Chapter. B. The Fire Department, through the officials listed in 9 168-3.1 C, shall have the primary authority to enforce 9 168-3.1 and issue citations for the violation of said 9 168- 3.1C. C. Any person violating any of the provisions of 99 168-3, 168-3.1, 168-4, 168-4.1 and/or any other provision of this Article shall be issued the appropriate citation with the fine levied in accordance with the provisions of this Article. D. Parking citations may only be contested in accordance with the requirements and procedures set forth in 9 168-2 of this Chapter. E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle to towing fees reasonably necessitated by such removal and storage of the vehicle. The cost of such removal and storage shall be a lien against such vehicle. All such fees shall be paid directly to the towing service. ~ 168-5.1. Immobilization of vehicles bearing outstanding citations. A. The City may, by resolution after a public hearing preceded by at least seven days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee, institute a policy for the immobilization of vehicles bearing outstanding citations issued pursuant to this Article. The provisions of this 9 168- 5.1 shall apply only in the event the Ci ty institutes such a policy. B. Any motor vehicle found parked at any time upon any street or in any off-street parking facility in the City of Ocoee against which there is one outstanding parking citation for parking in a space designated for disabled parking or three or more outstanding parking citations for other parking violations within the preceding 12 calendar months, for which no hearing has been requested within the requisite time period provided in this Article, may be immobilized in such a manner as to prevent its operation. Nosuch vehicle shall be immobilized by any means other than by the use of a device or other mechanism that will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. C. It shall be the duty of the police officer or other authorized person immobilizing such motor vehicle, or under whose direction such vehicle is immobilized, to post on such vehicle, in a conspicuous place, notice sufficient to inform the owner or operator of the vehicle that: 1. Such vehicle has been immobilized pursuant to and by the authority of 9 168- 5.1 of the City of Ocoee Code of Ordinances; and 2. The owner of such immobilized vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle upon payment to the City of Ocoee of the applicable fee for removal of the immobilization device and all outstanding fees and penalties due in connection with any outstanding http://libraryl.municode.com/mcc/Doc View/14323/1 /60?hilite=chapter;chapters; 168; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 70f8 citation(s) that necessitated the im mobilization of the vehicle. D. It shall be unlawful for anyone, except for a police officer or such other person authorized by the Chief of Police, to remove or attempt to remove, tamper with, or in any way damage or alter the immobilization device. E. Any vehicle immobilized pursuant to this Section may be towed or otherwise moved to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in ~ 165-9 of the Code. ~ 168-6. Parking on private property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code,2 except that this subsection shall not apply to the following: 2 Editor's Note: See ch. 180, land Development Regul ations. (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (c) Property which is zoned R-1, R-1-A, R-1-AA, R-1-AAA, R-2 or PUD Planned Development and has been improved with a dwelling. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles on privately owned streets and road rights-of- way or on any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck and other vehicle having a rated capacity of over 1 1/2 tons. D. The parking of buses on privately owned streets and road rights-of-way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a http://libraryl.municode.com/mcc/Doc View/1432311 /60?hilite=chapter;chapters; I 68; 10/8/2007 Chapter 168 VEHICLES AND TRAFFIC Page 80f8 vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Protective Inspections Department shall have the primary responsibility for the enforcement of this Section upon all privately owned property within all residential zoned districts, provided, however, the City of Ocoee Police Department and any person authorized by the Chief of Police shall also be authorized to enforce the provisions of this Section and issue appropriate citations and/or notices, as applicable, in connection therewith. ~ 168-6.1. Exceptions. Nothing contained in this Article shall prohibit the parking of vehicles of public or private utility companies on any public or private road, street or alley for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the provisions herein be construed to prohibit parking of vehicles actually in use in the construction, repair or maintenance of any road, street or alley or when a commercial vehicle is engaged in a lawful construction or service operation on the site where it is parked. ~ 168-6.2. Load and weight limits on public roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for city maintained roadways and intersections upon a determination by the City Engineer, supported by an engineering or traffic study, that a city maintained roadway or intersection, by reason of its design, deterioration, rain or other climatic or material causes, may be liable to be damaged or destroyed by motor vehicles, trailers or semitrailers which exceed load and weight limits prescribed by the City Engineer. In the event that the City Engineer makes such a determination, then load and weight limitations may be imposed by the City Engineer by causing to be posted notice of such limitations at conspicuous places at the terminals of all intermediate crossroads and road junctions with the section of the city maintained roadway or intersection to which the notice applies. After any such notice has been posted, the operation of any motor vehicle contrary to such posting shall, pursuant to 9 316.555, Florida Statutes, constitute a violation of Chapter 316, Florida Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida Department of Transportation to establish detours over any such restricted city maintained roadways and intersections unless such load and weight limitation has been first approved by the Florida Department of Transportation. ARTICLE II Disposition of Infractions ~ 168-7. Adoption of provisions. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318, Florida Statutes, as amended and supplemented, is hereby adopted. http://library1.municode.com/mcc/DocView/14323/1/60?hilite=chapter;chapters; 168; 10/8/2007 ARTICLE V D. Compliance with Special Development Plan. All development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above shall comply with the Ocoee State Road 50 Special Development Plan and the special regulations and standards set forth therein. The provisions of Sections 4-6 and 5-3.1 (c) (3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the Ocoee State Road 50 Special Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above. The Ocoee State Road 50 Special Development Plan shall apply only within the specific geographic areas set forth in this Section. Except to the extent of any express conflict with the special standards of the Special Development Plan, all development and redevelopment within the Ocoee State Road 50 Special Overlay Area shall comply with all other applicable provisions of the Ocoee Land Development Code, including but not limited to Section 6-14. E. City Commission Decisions Final. In all matters involving the Ocoee State Road 50 Special Overlay Area and this Section, the decision of the City Commission shall be final. F. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement or other agreement entered into with the City prior to the effective date of this Ordinance, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Ordinance; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof that such plan be revised so as to conform with this Section to the extent practical. ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. 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 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. C. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the edge of right-of-way. 7-21-98 9-21-99 180.5.12 ARTICLE V D. No dwelling shall be erected on a lot which does not abut at least one street, which is at least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. E. The owner of any lot of record existing at the time of the adoption of this Code that does not meet the above criteria may apply to the Board of Adjustment for a variance for the construction of a single-family home. The Board of Adjustment shall make a recommendation and the City Commission shall determine that there is reasonable access to the property, and that this action will create no adverse impact on adjacent properties, before a variance is granted. F. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than thirty (30) percent of the rear yard. G. On any corner lot, the applicable front yard setback shall apply to both street frontages. H. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. 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 (7%) feet to the rear lot line and no closer than seven and one-half (7%) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. 180.5.13 9-21-99 ARTICLE VI each three hundred (300) square feet of floor area above the first floor, excluding all rooms used for storage. (7) Wholesale and manufacturing: One space for each of the first twenty-five (25) employees of the major shift, plus one space for each one and one-half (1 1/2) additional employees of the major shift. (8) Uses not listed above: For all uses not covered in (a) through (h) above, the Planning and Zoning Commission shall make a recommendation and the City Commission shall determine the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass or mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (15) feet in width. Off-street turning and maneuvering space shall be provided for each lot containing six (6) or more spaces so that no vehicle will be required to back onto or from any public street or alley. (2) Residential driveways, parking spaces, motor courts, sidewalks, etc.: Any residential sidewalk, driveway, parking space or other vehicle circulation area whether of a paved surface such as asphalt, concrete or brick, or of an unpaved surface such as gravel, mulch or dirt shall be set back at least two (2) feet from the side or rear property lines. The provisions of this Code shall also apply to prohibit the diversion of drainage from vehicle parking or circulation areas onto adjacent properties. (3) All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn arrows, etc., are always easily discernible. (4) Permanent reservation. The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. 180.6.17 ARTICLE VI (5) Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions: (a) Not more than one commercial vehicle which does not exceed one and one-half (1 1/2) ton rated capacity per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted. (b) Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed twenty-four (24) feet in length or eight (8) feet in width; and further provided that said trailer shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehicle, shall not be occupied either temporarily or permanently while it is parked or stored in any residential district, except when it is located in an authorized mobile home park. (c) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for more than one month unless in a completely enclosed building or carport. ~ 6-5. OFF-STREET LOADING STANDARDS. A. There shall be provided on the same lot with each building or structure, other than a one- through four-family dwelling hereafter constructed, adequate space for off-street loading, unloading and the maneuvering of commercial vehicles. There shall be no loading or unloading of commercial vehicles on a public street. Off-street maneuvering space shall be provided so that no backing onto or from a public street is required. All loading and maneuvering areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety, and shall have direct access to a public street or alley. B. The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off- street loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet, and fourteen (14) feet overhead clearance, with adequate means for ingress and egress. The number of off-street loading requirements shall be as follows: (1) Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment or similar use which has an aggregate gross floor area of: 180.6.18 ORDINANCE NO. 2007-007 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING, RESTATING AND SUPERSEDING, IN ITS ENTIRETY, CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR AN INCREASED SCHEDULE OF FEES FOR PARKING VIOLATIONS; PROVIDING PROCEDURES AND REQUIREMENTS FOR CONTESTING PARKING CITATIONS; PROVIDING PROCEDURES UPON NON- COMPLIANCE WITH PARKING CITATIONS; PROHIBITING VEHICLES FROM BEING OFFERED FOR SALE IN ROAD RIGHTS-OF-WAY; PROVIDING FOR AN OCOEE POLICE INFRACTION HEARING BOARD TO CONDUCT HEARINGS REGARDING CONTESTED PARKING CITATIONS AND TO DETERMINE WHETHER A PARKING VIOLATION WAS COMMITTED; IMPOSING A FIVE-DOLLAR SURCHARGE ON ALL PARKING FINES AND CIVIL PENALTIES FOR PARKING VIOLATIONS TO FUND A SCHOOL CROSSING GUARD PROGRAM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. 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 166 and 318, Florida Statutes. SECTION 2. Chapter 168. Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended, restated and superseded, in its entirety, to read as follows (with deletions stricken and additions double underlined): See Exhibit A" attached hereto and by this reference made part hereof. SECTION 3. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of ORLA_ 422029.3 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 maybe 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 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. SECTION 5. Effective Date. This Ordinance shall become effective on June 1, 2007. [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] ORLA_ 422029.3 -2- PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 2007. FOLEY & LARDNER LLP By: City Attorney ORLA_ 422029.3 day of ,2007. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2007 READ FIRST TIME , 2007 READ SECOND TIME AND ADOPTED , 2007 UNDER AGENDA ITEM NO. -3- EXHIBIT" A" CHAPTER 168 VEHICLES AND TRAFFIC ARTICLE I General Provisions ~ 168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the city, and its provisions shall control traffic within the city. ~ 168-1.1. Definitions. The definitions set forth in FS S 316.003, as from time to time amended, shall be applicable to this article. ~ 168-2. FiBesFees. Penalties and Procedures. The schedule of fiRes delineated below for parkiRg violations vlithin the city is hereby adopted: A. ,^Jl parking 'liolations within the city shall be fined Exceot as provided in Section 168- 2m) below. a citation issued in connection with the violation of anv provision of this Section (each. a "oarkin2: violation" or "oarkimr infraction" for oumoses of this Article onlv) shall carrv a fine in the amount of $10 f{)r each infraction fortv ($40) dollars for each oarkin2: violation so long as said fine is paid within 72 h01:lfs. fourteen (4) calendar davs. B. FiRes that are paid after 72 hours but prior to one week shall be in the amount of$15. A citation issued for oarkin2: or standin2: in a oarkin2: soace desi2:nated for Handicao or Disabled oarking: without the aoprooriate oermit shall Carrv a fine in the amount of two hundred and fiftv ($250) dollars for each infraction as long: as said fine is paid within fourteen (14) calendar davs. C. Fines that are paid after one week of the citation being issued but less than two weeks shall be iR the amount of $25. Anv person receiving: a oarkin2: citation shall. within fourteen (14) calendar davs from the date of issuance of the citation. do one of the following:: (i) oav the civil oenaltv prescribed on the citation. or (m elect to contest the citation bv comoleting: the "Contestin2: Affidavit" attached to the citation and deliverin2: ORLA_ 422029.3 -4- the comoleted Contestin2: Affidavit tOl!ether with a filinl! fee in the amount of ten dollars ($10.00) to the Chief of Police. his desi2:nee or such other person that may be desi2:nated on the citation. The filin2: fee shall be non-refundable unless the Chief of Police or his desi2:nee determines that a oarkinl! violation did not occur as provided in Section 168- 2(D) below or the Ocoee Police Infraction Hearin2: Board determines that the oarkinl! violation did not occur. Anv person who fails to Day the civil oenaltv prescribed on the citation or deliver the Contestinl! Affidavit as set forth herein within fourteen (14) calendar davs from the date of issuance of the citation shall incur a delinauent fee of fifteen ($15) dollars and be deemed to have waived his/her ril!ht to contest the merits of such citation. Anv person electinl! to contest a citation pursuant to this oaral!raoh shall be deemed to have waived his/her ril!ht to oav the civil oenaltv prescribed on the citation and mav be subiect to additional fines and fees if same are imoosed bv the Ocoee Police Infraction Hearinl! Board pursuant to Section 168-8 of this Chaoter. D. Fines that have not been paid within two weeks of the issuance of the citation will result in the OVlfler of record of the vehiele that vias parked illegally being notified of the citation, via the United States mail, by the County CO\:lrt, in aeeordanee with the Florida Statates Uoon receiot of a Contestinl! Affidavit. the Chief of Police or his desil!nee shall review such affidavit and make a determination as to whether. based on the evidence presented on the Contestin2: Affidavit. a oarkin2: infraction has been committed. If the Chief of Police or his desi2:nee determines. based on the evidence presented in the Contestinl! Affidavit. that no oarkin2: infraction has been committed. then the Chief of Police or his desi2:nee shall void the citation. provide written notice of same to the person who submitted the Contestinl! Affidavit and refund the filinl! fee. If the Chief of Police or his desil!nee determines. based on the evidence presented in the Contestinl! Affidavit. that there is probable cause to believe that a oarkin2: violation has occurred. then the Chief of Police or his desi2:nee shall reauest a hearin2: before the Ocoee Police Infraction Hearinl! Board to consider the contested citation. E. Civil oenalties or fines collected pursuant to this Section that be disbursed as follows: 1. Fiftv percent (50%) of each traffic violation shall be deoosited into the Citv's General Fund maintained bv the Citv Finance Deoartment. 2. The remainin2: fiftv percent (50%) of each traffic violation shall be divided as follows: a. Five ($5) dollars of each traffic violation oaid shall be deoosited into a School Crossin2: Guard Fund and maintained bv the Citv Finance Deoartment. b. The remaininl! funds are to be deoosited into the Ocoee Police Deoartment's Fines and Forfeiture account. ORLA_ 422029.3 -5- F. Procedures uoon Non-Comoliance with Parkin2: Violation Notice. 1. The Ocoee Police Deoartment shall acceot oavment of civil oenalties for oarkim! violations and issue receiots therefore. The Ocoee Police Deoartment shall maintain a record of such civil oenalties and shall dailv reoort the monies collected and deoosited in the Citv's deoositorv bank to the Citv Finance Deoartment. 2. If the re!.!istered owner of a motor vehicle to which a oarkin2: citation has been affixed thereto does not resoond to such notice within fourteen (4) calendar davs of the date of the such notice. a fifteen ($15) dollar delinauent fee oer violation a2:ainst the re!.!istered owner of the motor vehicle which was cited shall be accessed. Notice of the oarkin!.! violation and the failure to comolv therewith shall be sent to the re!.!istered owner of the vehicle. Such notice shall direct the recioient to resoond within ten (10) calendar davs. 3. Citations not oaid mav be referred to a collection a!.!encv. 4. The Chief of Police or his desi2:nee is herebv authorized and directed to suoolv the State of Florida Deoartment of Hi2:hwav Safetv and Motor Vehicle with a ma!.!neticallv encoded comouter taoe reel or cartrid2:e. which is machine readable bv the installed comouter svstem at said Deoartment listin!.! persons who (i) have three (3) or more outstandin!.! oarkin2: violations. or (ii) one (1) or more oarkin2: violation( s) of Florida Statutes &3l6.1955 or Florida Statutes &316.1956. or anv Citv ordinances which re!.!ulate similar oarkin!.! in soaces desi2:nated for use bv disabled oersons. ~ 168-3. Parking, stopping and standing on highway or street nrohibited. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any highway or street when it is practicable to stop, park or so leave the vehicle off such part of the highway or street, but in every event an unobstructed width of the highway or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway or street. B. This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main traveled portion of a highway or street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway or street conditions render such parking off the paved portion of the highway or street hazardous or impractical. C. No person shall oark or leave standin2: anv vehicle or trailer. whether attended or unattended. uoon the road ri!.!ht of wav. with si!.!na2:e indicatin!.! "For Sale". "For Offerin!.!" or other advertisement for sale. ORLA_ 422029.3 -6- D. G:---Removalofvehicles. 1. Whenever any police officer finds a vehicle standing upon a highwaY-ef~ street or road ri2:ht-of-wav in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle or require the driver or other persons in charge of the vehicle to move the same to a position off the paved or main traveled part of the highway or street. 2. Notwithstandin2: anv other orovision of this Article to the contrarv. Police officers are hereby authorized to provide for the removal of any abandoned or unattended vehicle to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city, as provided in S 165-9 of the Code, or other place of safety when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way in the follov.ing inst<mees: where such vehicle constitutes an obstruction of traffic. a. Where such ','ehicle constitutes an obstruction of traffic; or b. 'A'here such vehicle has been parked or stored on the p\:lblie right of way f{)r a period exeeeding 18 hours in other than designated parking areas and is within the eity right of way, and a warning stieker has been conspicuously plaeed on the vehicle pursuant to ~ 165 6 of Chapter 165 of the City Code. ~ 168-3.1. Parking in fire lanes. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any highway or street designated as a fire lane and appropriately marked as such by the City Fire Chief or his designee. B. 'A'henever Notwithstandin2: anv other provision of this Article to the contrarv, whenever any police officer finds a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the police officer is authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in S 165-9 of the Code. C. \Vhene'/er Notwithstandin2: any other provision of this Article to the contrarv. whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department find a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the foregoing Fire Department officials are authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in S l65-9 of the Code. ORLA_ 422029.3 - 7- ~ 168-4. Parking, stopping and standing prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: l. On a sidewalk. 2. In front of a public or private driveway. 3. Within an intersection. 4. On a crosswalk. 5. Within 15 feet of a fire hydrant. 6. Within 30 feet of any stop sign located at the side of a roadway. 7. Within 30 feet of the nearest rail of a railroad crossing. 8. Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. 9. On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. 10. At any place where an official sign prohibits parking. 11. At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. 12. On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street Department is responsible for posting the appropriate no-parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no- parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. 13. On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. In a cul-de-sac that has a radius of less than 30 feet. ORLA_ 422029.3 14. 15. Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. -8- B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked for more than 18 hours in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 48-24 hours pursuant to 9 165-6 of the Code, then the officer is hereby authorized to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in 9 165-9 of the Code. ~ 168-4.1. Parking of commercial vehicles or buses on public property. A. The parking of commercial vehicles on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck or other vehicle having a rated capacity of over 1 1/2 tons. B. The parking of buses on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students, both public and private. C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of any of the foregoing provisions of this section, the officer is authorized to take the following actions: I 1. If the vehicle is occupied, to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. 2. If the vehicle has been parked in violation of the foregoing provisions of this section for more than 18 hours and a warning sticker has been conspicuously placed on the vehicle for at least 48---24 hours pursuant to 9 165-6 of the Code, to provide for the removal of any such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city as provided in 9 165-9 of the Code. 3. If the vehicle is unoccupied or unattended and within the past 90 days the owner of such vehicle has been issued a citation, as provided in 9 168-5B of this Article, ORLA_ 422029.3 -9- for the violation of any of the foregoing provisions with respect to such vehicle and such citation has not been contested, as provided in ~ 168-5C of this Article, as of the date of the new violation, to provide for the removal of the vehicle without further notice to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city as provided in ~ 165-9 of the Code. ORLA_ 422029.3 -10- 9 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of 99 168-3, 168-1 and 168 1.1. 1. 168-4.1. and 168-5.1. In addition. the Deoartment of Police shall also be authorized to enforce SS 168-3.1 and 168-6. Notwithstandim! anv other orovision of this Chaoter to the contrary. any Citv of Ocoee oolice officer or any other oerson authorized by the Chief of Police may enforce the orovisions contained in this Chaoter and issue citations for the violations of any of the orovisions of this Chaoter. B. The Fire Department, through the officials listed in 9 l68-3-:+-3.l.C, shall atse.--have the orimarv authority to enforce 9 168-3.1 and issue citations for the violation of said 9 168- ~3.l.C. C. Any person violating any of the provisions of 99 168-3, ~168-3.1, 168-4-4. 168-4.1 and/or 168 1.1 any other orovision of this Article shall be issued the appropriate citation with the fine levied by the existing City Code in accordance with the orovisions of this Article. D. If the O'lmer of the vehicle chooses to contest a parking eitation, the owner may fill out the required formes) at police headquarters, requesting a hearing in County Court. ParkinlZ citations may onlv be contested in accordance with the reQuirements and orocedures set forth in Section 168-2 of this Chaoter. E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle to towing fees reasonably necessitated by such removal and storage of the vehicle. The cost of such removal and storage shall be a lien against such vehicle. All such fees shall be paid directly to the towing service. S 168-5.1. Immobilization of Vehicles Bearin!! Outstandin!! Citations. A. The City may. by resolution after a oublic hearinlZ oreceded by at least seven days' notice of the hearinlZ and the orooosed action by oublication in a newsoaoer of lZeneral circulation in the City of Ocoee. institute a oolicy for the immobilization of vehicles bearinlZ outstandinlZ citations issued oursuant to this Article. The orovisions of this Section 168-5.1 shall aoolv onlv in the event the Citv institutes such a oolicy. B. Anv motor vehicle found oarked at any time uoon any street or in any off-street oarkinlZ facility in the City ofOcoee alZainst which there is one (1) outstandinlZ oarkinlZ citation for oarkinlZ in a soace desilZnated for disabled oarkinlZ or three (3) or more outstandinlZ oarkinlZ citations for other oarkinlZ violations within the orecedinlZ twelve (2) calendar months. for which no hearinlZ has been reQuested within the reQuisite time oeriod orovided in this Article. may be immobilized in such a manner as to orevent its ooeration. No such vehicle shall be immobilized by any means other than by the use of a deyice or other mechanism that will cause no damalZe to such vehicle unless it is moved while such device or mechanism is in olace. ORLA_ 422029.3 -11- C. It shall be the duty of the oolice officer or other authorized oerson immobilizinlZ such motor vehicle. or under whose direction such vehicle is immobilized. to oost on such vehicle. in a consoicuous olace. notice sufficient to inform the owner or ooerator of the vehicle that: 1. such vehicle has been immobilized oursuant to and by the authority of Section 168-5.1 of the City ofOcoee Code of Ordinances: and 2. the owner of such immobilized vehicle. or other duly authorized oerson. shall be oermitted to reoossess or to secure the release of the vehicle uoon oayment to the City of Ocoee of the aoolicable fee for removal of the immobilization device and all outstandinlZ fees and oenalties due in connection with any outstandinlZ citation( s) that necessitated the immobilization of the vehicle. D. It shall be unlawful for anvone. exceot for a oolice officer or such other oerson authorized by the Chief of Police. to remove or attemot to remove. tamoer with. or in any way damalZe or alter the immobilization device. E. Any vehicle immobilized oursuant to this Section may be towed or otherwise moved to the nearest lZaralZe or to the storalZe area of any oerson. firm or corooration who has contracted with the city as orovided in S 165-9 of the Code. ~ 168-6. Parking on private property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. 1. No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: a. Public school property. b. Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. c. Property which is zoned R-1, R-1-A, R-l-AA, R-1-AAA, R-2 or PUD Planned Development and has been improved with a dwelling. ORLA_ 422029.3 -12- 2. The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles on privately owned streets and road rights-of-way or on any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck and other vehicle having a rated capacity of over 1 1/2 tons. D. The parking of buses on privately owned streets and road rights-of-way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Protective Inspections Department shall have the orimarv responsibility for the enforcement of this seetion Section upon all privately owned property within all residential zoned districts. orovided. however. the City of Ocoee Police Deoartment and any oerson authorized by the Chief of Police shall also be authorized to enforce the orovisions of this Section and issue aoorooriate citations and! or notices. as aoolicable. in connection therewith. ~ 168-6.1. Exceptions. Nothing contained in this Article shall prohibit the parking of vehicles of public or private utility companies on any public or private road, street or alley for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the provisions herein be construed to prohibit parking of vehicles actually in use in the construction, repair or maintenance of any road, street or alley or when a commercial vehicle is engaged in a lawful construction or service operation on the site where it is parked. ~ 168-6.2. Load and weight limits on public roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for city maintained roadways and intersections upon a determination by the City Engineer, supported by an engineering or traffic study, that a city maintained roadway or intersection, by reason of its design, deterioration, rain or other climatic or material causes, may be liable to be damaged or destroyed by motor vehicles, trailers or semitrailers which exceed load and weight limits prescribed by the City Engineer. In the event that the City Engineer makes such a determination, then load and weight limitations may be imposed by the City Engineer by causing to be posted notice of such limitations at conspicuous places at the terminals of all intermediate crossroads and road junctions with the section of the city maintained roadway or intersection to which the notice applies. After any such notice has been posted, the operation of any motor vehicle contrary ORLA_ 422029.3 -13- to such posting shall, pursuant to FS 9 316.555, constitute a violation of Chapter 316, Florida Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida Department of Transportation to establish detours over any such restricted city maintained roadways and intersections unless such load and weight limitation has been first approved by the Florida Department of Transportation. ARTICLE II Disposition of Infractions ~ 168-7. Adoption of provisions. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318 of the Florida Statutes, as amended and supplemented, is hereby adopted. ~ 168-8. Ocoee Police Infraction Hearin!! Board. A. There is hereby established the Ocoee Police Infraction HearinlZ Board (the "HearinlZ Board"). The HearinlZ Board shall have the followinlZ Dowers and duties: 1. To hear contests to oarkinlZ citations issued by the City of Ocoee and receive and evaluate evidence in connection therewith: and 2. Based on the evidence oresented at such a hearinlZ. to make a determination as to whether the oarkinlZ violation(s) listed in a citation were in fact committed: and 3. To imoose fines and fees consistent with this Chaoter. B. The HearinlZ Board shall consist of seven (7) members. two of which must be members of the Citizens Advisorv Council of the Ocoee Police Deoartment. Additional members of the HearinlZ Board may also be members of Citizens Advisorv Council of the Ocoee Police Deoartmeht. All members of the HearinlZ Board shall be residents or business owners from the City of Ocoee. The HearinlZ Board shall elect a Chairoerson and a Vice- Chairoerson vearly from amonlZ its members. C. Each member of the Citv Commission shall aoooint a member of the HearinlZ Board. The other two members of the HearinlZ Board shall be aooointed by the City Commission from amonlZ the membershio of the Citizens Advisorv Council of the Ocoee Police Deoartment. The Chief of Police shall orovide the City Commission with his recommendation as to the aooointees from the Citizens Advisorv Council of the Ocoee Police Deoartment. If a member of the HearinlZ Board who is aooointed from the membershio of the Citizens Advisorv Council of the Ocoee Police Deoartment ceases to be a member of the Citizens Advisorv Council of the Ocoee Police Deoartment. then such oerson shall also cease to be a member of the HearinlZ Board. Members of the HearinlZ Board shall serve 2-year terms: orovided. however. that the initial members of the HearinlZ Board aooointed bv each City Commissioner shall serve a term of one vear. ORLA_ 422029.3 -14- D. Three (3) members of the HearinlZ Board shall constitute a auorum. and no action mav be taken if less than three (3) members are ore sent and votinlZ. E. The HearinlZ Board shall adoot rules for transaction of its business and shall keeo a record of its resolutions. transactions. findinlZs and determinations. MeetinlZs of the HearinlZ Board shall be held at the call of the Chairoerson and at such times as the HearinlZ Board may determine. orovided. however. that if the Chief of Police or his desilZnee reauests a meetinlZ of the HearinlZ Board to consider a contested citation as orovided in Section 168- 2.D ofthis Chaoter. then the Chairoerson shall call a meetinlZ of the HearinlZ Board within thirty (30) days of such reauest. F. If the HearinlZ Board determines that the oarkinlZ violation( s) listed in the contested oarkinlZ citation were in fact committed. the HearinlZ Board mav imoose a fine of uo to one hundred dollars ($100) for each violation or two hundred fifty dollars ($250) for each disabled oarkinlZ violation. olus hearinlZ costs for the issuinlZ officer's attendance. If the HearinlZ Board determines that the oarkinlZ violation(s) listed in the contested oarkinlZ citation were not committed. then the filinlZ fee shall be refunded. ~ 168-9. School Crossin!! Guard Pro!!ram. A. There is hereby imoosed on all oarkinlZ fines/civil oenalties for oarkinlZ violations a surcharlZe of five ($5) dollars for the ouroose of fundinlZ the school crossinlZ lZuard orolZram within the City ofOcoee. B. The oroceeds of such surcharlZe shall be olaced in a School CrossinlZ Guard Fund and distributed in accordance with the aoolicable orovisions of Florida Statutes Ch. 318. ORLA_ 422029.3 -15-