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HomeMy WebLinkAboutItem #13 Approval of Residential Front Yard Regulations Ordinance AGENDA ITEM COVER SHEET Meeting Date: November 6, 2007 Item # l3 Contact Name: Contact Number: Russ Wagner (407) 905-3157 Reviewed By: Department Director: City Manager: 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 ~ode of Ordinances relating to residential yard issues. Attachments: Staff Analysis Ordinance 2007 -xxx Chanqes Made to Staff Proposal to Address Comments Raised at Planninq & Zoninq Commission Meetinq Excerpts Chapter 168 - Code of Ordinances Excerpts Article V - Land Development Code Excerpts Article VI - Land Development Code Ordinance 2007-007 Financial Impact: N/A Type of Item: (please mark with an "x'? ~ Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deot 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 0: \Staff Reports\2007\SR07077 _RBW _ ResidentialY ardRegulationsOrdinance _ CC. doc 2 N/A X N/A N/A City Manager Robert Frank Commissioners Garv Hood, District 1 Scott Anderson, District 2 Rustv Johnson, District 3 Joel Keller. District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: DATE: RE: ISSUE BACKGROUND/DISCUSSION 1 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 Development 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, Recreational 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 er~ hauling trailer; recreational vehicle; boat or campinG vehicle per family living on the premises shall be permitted, and said fFai.Ie.r vehicle shall not exceed twenty four (21) thirtv-six (36) feet in length or eight (8) feot in wifJtR; and further provided that said fFai.Ie.r 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 opaGue fence with Gate. /\ comping 0.1" tro~/e! troifer, or comping vehicle, 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 eouipment trailers and vehicles shall not be parked in the front vard or the road rioht-of- way. These must be oarked behind the front buildina setback and screened front and side with a six (6) foot ooaaue fence with aate." Section 168-6 C of the Code of Ordinances prohibits the parking of commercial vehicles except for loading and unloading 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; camoina/travel trailers; haulina trailers; recreational vehicles (RV); boats or camoina vehicles on privately owned streets and oublic 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 othelWise permitted by the Land Development Code. Additionally, construction and lawn eauioment trailers and vehicles shall not be oarked in the front yard or the road riaht-of-way. These must be oarked behind the front buildina setback and screened front and side with a six (6) foot ooaaue fence with aate. For purposes of this section, a 'commercial vehicle' is any truck and other vehicle having a rated capacity of over 1 ~ tons. B. Parallel Street ParkinQ in Qrassed 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 orohibited in qrassed or landscaoed oortions of all oublic and orivate roadway riahts-of-way exceot alona the folio win a roadways: A.D. Mims Road, Flewellina Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive, and Willow Creek Road. C. Placement of mechanical eauipment 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 neighborhood. 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 placement of mechanical, air conditioninG, emerGency aenerators, propane tanks, pool filterinG eGuipment or similar mechanical devices for sinGle family dwellinGs located on comer lots shall only be placed within the interior side yard and not alonG any side of the dwellinG facinG the street unless such eGuipment exists as of the date of this ordinance, in which case the provisions of this section shall not be applicable. 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 whothor of a paved surface such as asphalt, concrete or brick, or of cm unpavod surfClco such ClS grCl'.'o/, mulch or dirt shall be set back at least two (2) feet from the side 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 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 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 reauired front yard area. On comer lots. front yard parkina shall not extend into the reauired twenty-five (25) foot visibility trianale. All off-street parkina areas shall include a concrete apron between the property line and the pavement of the roadway where said parkina area directly accesses the roadway. E. GaraQe conversions to livinQ 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 off-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 aaraGe is converted to livina or storaae space. at least two off-street parkina spaces shall be maintained on the property. If the foreaoina standard cannot be met. then the conversion of a private Garaae to livina 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 applicable. 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 comer visibility requirements of this Code shall be met, and provided further that no wall, or fence 0... 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 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 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 1f2 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 grandfathered 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 qaraqe or main entry doorways exitina to the side front yard, then in such cases, fences qreater 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 orooerty line and the fence extends alona no more than ~ the deoth of the house. Fences erected within the City of Ocoee orior to January 1, 2000, shall be considered to be arandfathered as leaal non-conformina structures. It is the burden of the orooerty owner to orovide documentation to the City that the existina fence meets this standard. Subject to obtainina buildina oermits, qrandfathered fences shall be allowed to be reoaired and/or reolaced in the location they were constructed in, exceot that safe siqht trianales on corner lots must be maintained for all reolacement fences. 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 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, the front side buildina setback shall be reduced to 15-feet from the orooerty line. The foreaoina orovision aoolies only to new sinale-family dwellinas for which buildina oermits 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. Proporty "",hich is zonod R 1, R 1 /\, R 1 .1'.1\, R 1 .1'.1\/\, R 2 or PUD Planned DO'lo!opment 3nd has boon improvod V/jth a d~'I,'o/!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 Protocti'/o Inspoctions 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 sin~le-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 reC/uired open space area for a sinC/le-family residential lot shall not include covered area with any impervious materials such as stone, qrave/, rock or impervious mulch materials. In no case shall any impervious materials, other than those reC/uired for sidewalks, driveways or parkinC/ area aprons, be placed within public or private roadway riC/ht-of-ways. Planninq & Zoninq 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. ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING 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 CERTAIN 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 RECREATIONAL VEHICLES, BOATS 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 CERTAIN EQUIPMENT ON RESIDENTIAL CORNER LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICA TION; 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 authOlity 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, FlOlida, is hereby amended by adding a new Subsection 16 to read as follows: A. No person shall stop, stand or park a yehicIe, 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 l5 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 yehicIe stopped at the edge or curb of a street or on the roadway end of any yehicIe 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 yehicIe 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 yandals 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 ORLA_418940.2 -2- Department. Once installed, the remoyal 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 ofthe yehicle 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. UQl Parking of vehicles shall be prohibited in l!fassed or landscaped portions of all Dublic and private roadwavs and rilZhts-of-wav except alonlZ the followinlZ roadwavs: A.D. Mims Road. FlewellinlZ Avenue. Wurst Road. Center Street. Ocoee Hills Road. Russell Drive. and Willow Creek 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 DubHe 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. Confonnance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor yehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improyed 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) (b) Public school property. 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. ORLA 418940.2 -3- ( c) Property which is zoned R 1, R 1 .^., R 1 A/., R 1 /."^../\, R 2 or PUD Plmmed Development and has been improved '.yith 0. d'.velling. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions ofthe Land Development Code relating to off-street parking standards. C. The parking of commercial yehicles: campinlZ/travel trailers: haulinlZ trailers: recreational vehicles (RV): boats or camping yehicles on privately owned streets and public road rights-of-way or on any priyate 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 pennitted by the Land Development Code. For the Additionallv. construction and lawn eauipment trailers and vehicles shall not be parked in the front yard or the road rilZht-of-wav. These must be parked behind the front buildinlZ setback and screened front and side with a six (6) foot opaaue fence with lZate. For purposes of this section, a "commercial yehicle" is any truck ilH-dor other vehicle having a rated capacity of over 1 V2 tons. The proyisions of the subsection shall not apply to (i) anv vehicle owned or controlled by the Citv of Ocoee or anv other lZovemmental entitv. (ii) anv in-service ambulance. or (iii) anv other emerlZencv 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 approyed 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 InspectionsCommunitv Development Department shall have the responsibility for the enforcement of this section upon all priyately 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: S 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 eayes, 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 fiye (5) feet. Fences, walls and hedges in residential districts may be erected in any required yard, or along the edge of any yard, proyided that street comer visibility requirements of this Code shall be met, and proyided further that no fence, wall or heagefence 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-fiye (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 fonn 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 detennine that there is reasonable access to the property, and that this action will create no adyerse 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. In cases where (1) two comer lots adioin at the end of a block. (2) where the sinlZle-familv dwellinl2: units are desiQ:I1ed rear to rear. and (3) where there are no lZaralZe or main entry doorwavs exitinlZ to the side front yard. then in such cases. the front side buildinlZ setback shall be reduced to 15-feet from the Dropertv line. The fore1!oinlZ proyision aDPlies only to new sinl2:1e-familv dwellinl2:s for which buildinl2: permits are obtained 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 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 fonn 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 Comprehensiye Plan shall be 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-fiye (25) feet to the street right-of-way. In cases where (I) two corner lots adioin at the end of a block. (2) where the simde-familv dwellinlZ units are desil!l1ed rear to rear. and (3) where there are no lZaralZe or main entrv doorways exiting: to the side front yard. then in such cases. fences creater than four (4) feet and no more than six (6) feet in heilZht shall be allowed within the side front vard as 10nlZ as a minimum setback of fifteen (15) feet is maintained from propertv line and the fence extends alonlZ no more than 12 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 reauired open space area for a sinlZle-familv residential lot shall not include covered area with any impervious materials such as stone. crave!. rock or impervious mulch materials. In no case shall anv impervious materials. other than those reauired for sidewalks. drivewavs or parkinlZ area pawns. be placed within public or private roadwav rilZht-of-wavs. For the purooses of this subsection. impervious mulch materials are defined as any material that si!!11ificantlv limits the absomtion of stormwater into the cround. such as stone. cravel and rocks that are used in landscaping. SECTION 5. Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, (the Land Deyelopment Code) is hereby amended to adding a new Section 5-4.1 to read as follows: Section 5-4.1 Fences. Fences erected within the Citv of Ocoee prior to Januarv 1.2000. shall be considered to be grand fathered as lelZal non-conforminlZ structures. It is the burden of the propertv owner to proyide documentation to the City that the existinlZ fence meets this standard. Subiect to obtaining buildinlZ penuits. crandfathered fences shall be allowed to be repaired and/or replaced in the location thev were constructed in. except that safe sight triane:les on corner lots must be maintained for all replacement fences. ORLA_ 418940.2 -6- SECTION 6. Section 6-4(0)(1) 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 fifty (50) square feet of floor area used for assembly or recreation. (e) Dormitories: One space for each three (3) beds. (f) When anv priyate lZarage is conyerted to livinlZ or storalZe space. at least two off-street parkinlZ spaces shall be maintained on the oropertv. If the forelZoinlZ standard cannot be met. then the conyersion of a priyate lZaralZe to livinlZ or storalZe space shall be orohibited. If the conyersion exists as of October 1. 2006. then the orovisions of this subsection shall not be applicable. SECTION 7. Section 6-4(H) of Chapter 180 of the Code of Ordinances of the City of Ocoee, 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 (5) Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approye 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, driyeway, parking spaeespaces or other vehicle circulation area "vhether 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 propeliies. (3) All off-street parking spaces shall be clearly defined and maintained in a manner that parking spaces, pavement markings, turn alTOWS, etc., are always easily discernible. (4) Pennanent 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 proyided. No parkinl! of vehicles on a sinQ:le-family residential lot shall be allowed in the front vard other than on desil!llated hard surfaced driveways or parkinl! areas. In no case shall desil!llated hard surfaced drivewavs or parkinl! areas increase the maximum impervious area of the entire lot to lITeater than fiftv percent (50%). and all parkinl! areas shall be limited to no more than 50% of the required front vard area. On comer lots. front yard parkinl! shall not extend into the reauired twenty- fiye (25) foot visibilitv trianl!le. All off-street parkinl! areas shall include a concrete apron between the propertV line and the Davement of the roadwav where said oarkinl! area directly accesses the roadwav: provided. however. that the Director of Community Development or his desil!nee mav waive the reauirement for a concrete apron if the oropertv owner can demonstrate that the concrete aoron is not needed to protect the sidewalk located on or adiacent to the lot from damaQ:e by yehic1es travelinQ: to and from the off-street parkinl! area. -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 prOYISlons: (a) Not more than one commercial yehicle 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 (iLcamping or trayel trailer or hauling trailer.iiiJ haulinlZ trailer. (iii) recreational vehicle (RV). (iy) boat. (v) campinlZ vehicle. (vi) vehicle used for off-road oDerations. or (yii) motor-powered yehicle not licensed for use on a Dublic roadwav or private street per family living on the premises shall be permitted, and said trailer. Anv such vehicle shall not exceed t\venty four (21thirtv-six (36) feet in length or eight (8) feet in '.vidth; 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. /\. camping or travel trailer, or camper vehicle, and screened with a six (6) foot hilZh opaque fence with lZate. Anv such yehicle shall not be occupied~ either temporarily or permanently-wffil.e. 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 eauipment trailers and vehicles (i) shall not be parked in the front vard or the road rilZht-of-way. and (ii) must be parked behind the front buildinlZ setback and screened front and side with a six (6) foot opaque fence with lZate. (c) Disabled yehicles 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. EquiDment on Residential Corner Lots. The Dlacement of mechanical. air conditioninlZ, emergency lZenerators. oropane tanks. pool filtering equipment or similar mechanical devices for sinlZle familv dwellinlZs located on corner lots shall onlv be placed within and limited to the interior side vard and not alonlZ any side of the dwelling facing the street unless such equipment exists as of October 1. 2006. in which case the ORLA_ 418940.2 -9- proyisions of this section shall not be applicable: provided. however. that any such l!randfathered eauioment may only be replaced with the same tvoe of eauipment 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 proyision 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 rNTENTIONALL Y BLANK] ORLA_ 418940.2 -10- SECTION 11. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott VandergIift, Mayor (SEAL) ADVERTISED ,2006. and ,2006 READ FIRST TIME , 2006 READ SECOND TIME AND ADOPTED ,2006 UNDER AGENDA ITEM NO. FOR USE ~~D RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. FOLEY & LARDNER LLP{ By: City Attomey ORLA_ 418940.2 -11- 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) OR LA_ 420983.1 On a sidewalk. In front of a public or priyate driveway. Within an intersection. On a crosswalk. Within 15 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 ofthe driyeway entrance to any fire station and on the side of a street opposite. On the roadway side of any yehicle stopped at the edge or curb of a street or on the roadway end of any yehicle 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 yirtue of the fact that there is a handicapped occupant. On both sides of a payed street that is less than 26 feet in width. For the purpose ofthis 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 remoyal 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 remoyal 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 ofthe 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. Wheneyer a police officer finds a yehicle to be stopped, standing or parked in violation of any of the foregoing proyisions of this section, the officer is authorized to require the driyer or other person in charge of the vehicle to moye 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 yehicle to be stopped, standing or parked for more than 48 hours in yiolation of any of the foregoing provisions ofthis section and a warning sticker has been conspicuously placed on the yehicle for at least 48 hours pursuant to S 165-6 of the Code, then the officer is hereby authorized to proyide for the removal of any such vehicle to the nearest garage or to the storage area of any person, finn or corporation who has contracted with the city as proyided in S 165-9 of the Code, ORLA_ 420983.1 8/28/06 g 168-6. Parking on private and public property. A. It shall be unlawful to park or store any motor yehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the eyent 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 Deyelopment 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 aboye 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/trayel trailers; hauling trailers; recreational vehicles (RV); boats or camping vehicles on priyately 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 pennitted by the Land Deyelopment Code. Additionally, construction and lawn equipment trailers and yehicles 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 yehicle2: is any truck aml-or other yehicle having a rated capacity of oyer 1 1f2 tons. The l2Iffi:isions of the SlLb~ktiQ..ILShall1lQLa.pj:)J-Y-.tCL(j.La.ny--IThiGJ~QYlln~:~LQL~QDj:mJk.d_b-Y_the City of Ocoee QI: any.()ther !!Ov~1J111l~ntal el}tit):'. (iQ ~v in-:s~rvice ambulC!nc~ or (iii) <!!LV other ~ll1erg~n~\! 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 deyelopments, as established by the Land Deyelopment Code for the city, shall be prohibited, except in designated bus parking areas approyed by the city as part of a special exception or a conditional use. For the purposes of this section, a "bus" is a OR LA_ 420983.1 8/28/06 vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and priyate. 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. OR LA_ 4209831 8/28/06 ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to proyide 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 fiye (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 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 ofright-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 adyerse impact on adjacent properties, before a yariance is granted. F. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not coyer 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. In cases where (1) two comer 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 IS-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 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 between two (2) feet, six (6) inches and ten (10) feet aboye any portion of the crown of the adjacent ORLA_ 4209831 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 oftwenty-fiye (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. 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 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 l;S 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 coyer 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, driyeways or parking area aprons, be placed within public or private roadway right-of-ways. For theournoses of this subsectiothjmperyious l1lukh materials are defined a~_anY' m~J~sialJlgl~ignificilntlvlimits th~yjJso[pJion of ~tormwater into the lZround. such as stone. cravel and rocks that are used in landscaDinlZ. ORLA_ 420983.1 8/28/06 LDC 5.4.1 Fences (1) Fences erected within the City ofOcoee 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) (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 fifty (50) square feet of floor area used for assembly or recreation. (e) Dormitories: One space for each three (3) beds. (f) When any priyate garage is converted to liying 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 conyersion of a private garage to liying 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. OR LA_ 4209831 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 Deyelopment 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 approye a grass or mulched surface. Should the use ofthis 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 driyes 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 maneuyering space shall be proyided 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 payed 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 proyisions of this 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, payement markings, turn arrows, etc., are always easily discernible. Permanent reservation. The area reseryed 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 ofyehicles 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 ofthe entire lot to greater than fifty percent (50%), and all parking areas shall be limited to no more than 50% ofthe 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~rovided. however. that the Director of Communitv Development or his desilZnee mav waive the reauirement for a concrete aQron if the QrQperty owner can demonstrate that the concrete aDron js not needed to orotect the sidewalk located on or adiacent to the lot from damalZe bv vehicles travelinlZ to and from the off-street parkinlZ 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 explosiyes, gasoline or liquefied petroleum products be permitted. (b) Not more than one (i) camping or travel trailer, (ii) hauling trailer, (iii) recreational vehicle (RV), (iy) boat, BF-(V) camping vehicle. (viL vehicle used for off-road operations. or (vii) motor-powered yehicle not licensed for use on a public roadwav or orivate street per family liying 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 comer 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 proyisions of this section shall not be applicable; ~ Droyided. however. that any such Q:randfathered eauipment may only be replaced with the sam~typ~lli_m1imnent1haUYas~no~i:t ORLA_ 420983.1 8/28/06 Chapter 168 VEHICLES AND TRAFFIC Page 1 of 8 Chapter 168 VEHICLES AND TRAFFIC ARTICLE I General Provisions S 168-1. Adoption of provisions. S 168-1.1. Definitions. S 168-2. Fees, penalties and procedures. S 168-3. Parking, stopping and standing on highway or street prohibited. S 168-3.1. Parking in fire lanes. S 168:4. Parking, stopping and standing prohibited. sJp8:4.LParkingof commercial vehicles or buses on public property. s..1B&:5,.,Enforcement. s 168-5.1. Immobilization of vehicles bearing outstanding citations. S 168-6. Parking on private property. S 168-6.1. Exceptions. S 168-6.2, Load and weight limits on public roads. ARTICLE II Disposition of Infractions S 168-7. Adoption of provisions. S 168-8. Ocoee Police Infraction Hearing Board. S 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 9 168-1. 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. 9 168-1.1. Definitions. The definitions set forth in ~ 316.003, Florida Statutes, as from time to time amended, shall be applicable to this article. 9 168-2. Fees, penalties and procedures. A. Except as provided in ~ 168-2B 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 said fine is paid within 14 calendar days. B. 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 days. 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 Chapter 16~ VEHICLES AND TRAFFIC Page 2 of 8 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 days 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 citation. 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 Chapter 16ts VEHICLES AND TRAFFIC Page 3 of8 parking violation(s) of ~ 316.1955, Florida Statutes, or ~ 316.1956, Florida Statutes, or any City ordinances which regulate similar parking in spaces designated for use by disabled persons. 9168-3. 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 advertisement 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 ~ 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. 9 168-3.1. 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 ~ 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 Chapter 16~ VEHICLES AND TRAFFIC Page 4 of 8 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 ~ 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 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 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 Chapter 16~ 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 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. ~ 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, 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: (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 S 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 S 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 S 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 S 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 S 165- 9 of the Code. Chapter 168 VEHICLES AND TRAFFIC Page 6 of8 9 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of SS 168-3, 168-4, 168-4.1, and 168-5.1. In addition, the Department of Police shall also be authorized to enforce SS 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 S 168-3.1 C, shall have the primary authority to enforce S 168-3.1 and issue citations for the violation of said S 168- 3.1C. C. Any person violating any of the provisions of SS 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 S 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. 9168-5.1. 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 S 168- 5.1 shall apply only in the event the City 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 S 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 Chapter 168 VEHICLES AND TRAFFIC Page 7 of 8 citation(s) that necessitated the immobilization 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 Regulations. (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 ~~a~ter 168 VEHICLES AND TRAFFIC Page 8 of 8 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 S 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. 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. 9 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 (7Yz) feet to the rear lot line and no closer than seven and one-half (7Yz) 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 1- 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. 9 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 mafleuveriflg-aFea&-shall-t;le-sl.lR'aGeQ--W~ttl-a--haf-d,-dustjess 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 CIT A TIONS; 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 PENAL TIES 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. 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 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 pmi 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 inyalid 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 PAGE 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 APPROVED: CITY OF OCOEE, FLORIDA ,2007. S. Scott Vandergrift, Mayor ADVERTISED READ FIRST TIME READ SECOND TIME AND , 2007 UNDER AGENDA ITEM NO. -3- , 2007 , 2007 ADOPTED EXHIBIT "A" CHAPTER 168 VEHICLES AND TRAFFIC ARTICLE I General Provisions S 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. S 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. S 168-2. FiRe.sF)~es,J)t:!,~lties an~Y!:Q~.~~!Ir~s. The schedule of fines delineated beJov; for parking violntions within the city i:; hcr;:by adopted: A. All parking yiolations \\'ithin the city sha11 be fined ~t as provided in Section 168- ~1l3) b~Jow. a ~itation issued in connection with th~_yiolation of anv provision of this Section {each. a "Darkinl! violation" or "~gjnfraction" forJ21!!P~~.LQfJhis Arti~~ only) shall Garry.a fine in the amount of t1-G-fer-e-a-elr-H1-t~~iBf\-forty___.c$40).dollars for ea.ch .Qarkin~g yi.olatiQn so long as said fine is paid within -H-J.'tB-l:H'S-:- fQUlieen D 4) calendar days. B. Fines that are paid after 72 hours but prior to oRe---Vl-'wk shall be in the amount of $15. A citation issued for parkinl! or standing in a ~ace designated for Handicap or Disabled parkinQ without the approoriate permit shall carrv a fine in the amount of two hundred. and fift~y ($250) dollars for ea.ch infracti.o!l as 10!lg~~ saiAJine iLQ.aid wiJhin fourteen (J 41. calendar davs. C. F-i-Res that are paid after one week of the cit3tion being issued but less than 1\\'0 \\'eeks -s--l-ra-l-l--8-e-ffi-+h-e-a-l-HBtH'l-t-ef- S2~AnY.J2erson. rece~uarkinQ citation shall,~fujn fourteen D 4) calendar. days froUl the date of isSuaJ1Ce ._Qfj:b..e_cl1atioJl,_d..<Lone o_Ltb~ following: (il.Pay tile ci.vil J2enaltLPrescribed .on the citati.on.......oLCiiLelect tQ._C.Ql1t~sLthe citation bv compJetinl! the "ContestinQ Affidavit" attached to the citation and delivering the completed ContestinQ Affidavit tOQether with a filinQ fee in the amount of ten dollars ORLA_ 422029.3 -4- C$l(LQQ_LtQ_~Chief oLEQ]ic~_,_blli_d~gne~L~uJ;ILQtlleIJ2~A.QnJ;h-aL1Rqy~~sigIJa1-ed on the citation. The filinl! fee shall be non-refundable unless the Chief of Police or his desil!nee detem1ines that a parkinl2: violation did not occur as provided in Section 168- 2(D) below or the Ocoee Police Infraction l:!earinl! Board detennines that the parkinl! violation did not occur. Anv person who fails to pav the civil penaltv prescribed on the citatiQn or deliyer the Contestin-LAffidavit as set fQrth __herein within fourteen.-114) Qalendar days from the date of issuance of the citation shall incur a delinauent fee of fifteen ($15) dollars and be deemed to haye waived hislher ril!ht to contest the merits of such citation. Anv person electinl! to contest a citation pursuant to this paral!raph shall be deemed to h'!ve waived hislher ril!ht to Dav the civJLpenaltv orescribed on the citation and mav b~ _subiect to additiol1al fines and fees if same are ill!POsed bv the Ocoee Police Infraction He.aring_BQard pursuant to Section 168-8 of this ChaJ2ter. D. ty-H_e-s-t1-ra-t----fla-ve-ne-t----6e-eB-p-atEl---\>rl-t~'lin tv,'o 'l\eel~te--i-s-s-B-ane-e-of the e-it-a-tion will res1:tl-t i--H---t~'le---e\v-BeF-_ef-l'e-ee_F6-ef___tl'l_e---v€-A__i_c-le_t_hat___\;v_a-C;---l~a_r+..'__ee_i-1-l-e..g-a-l1 'LJ"'e--i-H-~-He-ti-fi-e-a_eH-fl-e .u t" C' T~ b citation, via the United States mail, by the County Coart, in accordance \\'ith the Florida Statutes Upon receiDt of a Contestinl! Affidayit. the Chief of Police or his desil2:nee shall review such affidavit and make a detennination as to whether. based on the evidence present~d on the Contestinl! Affidavit. a parkinl! infractioD has been committed. If the Chief of Police or his 4eBgnee _ determines. based on th~ evidence presented in the Contestiw:~ Affidavit,_ that no _parking infraction has be.en c.ommitted._ then the Chief of police or his designee 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 designee determines. based on the evidence presented in the Contestinl! Affidavit. that there i~'probable_ cause to believe that a parking violation has occurred. then the Chief of Police or his desigl}ee shall reauest a hearing before the Ocoee Police Infraction Hearinl! Board tQ_cO.nSjdeLtlJ_e...CimteSte_d_citati on, E. ~iyiJJ~enalties91" f'jrl.~s c;oll~c!e<iR11rsuantto this SectioD that bed5.sburs~d asJollows: L Fifty percent--.C59% ) gf eachtra:(fic violation shall be d~Q9sited _ into the City's Generatfund n}aintained by the CitxEnance D~artment. 2---'. The remaining fifty j2ereent...150o/ol .of each traffic violation sh,!ll be diviqeg as follows: 1:l:~ Fiye ($5) dollars of e.,!.<::_h tI:af[!c violation paid shall be deposited il)Jo _ a ~chool Crossing yuard Fund and maintained_ 9.Y the ~itv Einanc.~ D.epgrtlIl~nL P..: The remaininl! fun9-s are to be ~osited into the Ocoee Police Ile12grtment~Eines..and_.EQTfeitJJ~_.aQQQJIDt. ORLA_ 422029_3 -5- E, ProceduresU--RQ)1 Non -Compli ance with Parkim,cYiQlati onJ'{oJice_, 1. The OcoeeYo Ii ce DepaJj:J])~J1LshaIL;;tc.c.eJ2LtUlYJ.ll-..en.LQf_ciyjLp~~altieuOJ-Pill:ki)1~g yiolations and is_sue receiPts therefore, The Ocoee Police Deoartment shall maintain a record of such civil penalties and shall dailv re-port the monies collected and deposited in the Citv's depositorv bank to the City Finance Department. 2, If the relZistered owner of a motor vehicle to which a parkinlZ citation has been affixed thereto does not res120nd JQ_such Dotice within fourteen_O 4) calendar davs of the date of the such notice.L.a fifteen ($15) dollar delinauent fee per violation a.gainst the regisJered _ owner of tbe motor v_ehicle which was cited shall be .a~cesse_d. Notice of the Oal-kinlZ violation and the failure to cOl11l2ltlherewith shall be sent to the relZistered owner of the vehicle. Such notice shall direct the recipient to resDond within ten (10) calendar days. 3. Citations not paid may be refelTed to a collection alZencv. 4~ The Chief of Police Qr his designee is hereby authorized and directed to suppl-y the State of Florida Depal1ment of HilZhwav Safetv and Motor Vehicle with a malZneticallv encoded computer tape reel or cal1ridlZe. which is machine readable by the installed computer svstem at said D~ment listing persons who (i) have three (l) or more outstandinlZ parking violations~r (ii) one (1) or more parkinlZ yiolation{s) of Florida Statutes ~316.1955 or Florida Statutes ~316.1956. or any City ordinances which regulate similar-parkinLin sj)aces designated for use by disabled persons. ~ 168-3. Parking, stopping and standing on highway or street",Rrohibtte<i. A. No person shall stop, park or leaye standing any yehicle, whether attended or unattended, upon the payed or main trayeled part of any highway or street when it is practicable to stop, park or so leaye the yehicle 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 yiew of the stopped yehicle shall be ayailable from a distance of 200 feet in each direction upon such highway or street. B. This section shall not apply to the driyer or owner of any yehicle which is disabled while on the payed 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 yehicle 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 payed portion of the highway or street hazardous or impractical. C. No person shall 12ark or leave standing any.. v~hicle Qr trailer. whether attended or )l1!9:!~~ed-1 u,Ron the road righLQf way~ with si~e indicating "For Sale"-1_ "For Qffeti!lg~_LotheLlLdYertis~JnJ~ntfoLs_a1e, Q~ G. Removalofyehicles. ORLA_ 422029.3 -6- 1. Wheneyer any police officer finds a vehicle standing upon a highwaY-ef.. street or road rif!ht-of-wav in violation of any of the foregoing provisions of this section, the officer is authorized to moye the vehicle or require the driyer or other persons in charge of the yehicle to move the same to a position offthe payed or main trayeled part of the highway or street. 2. Notwithstanding any other orovision of this Article to the contrarv. Police officers are hereby authorized to provide for the removal of any abandoned or unattended yehicle to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city, as proyided in S 165-9 of the Code, or other place of safety when said abandoned yehicle is found unattended upon a bridge or any public highway, street or right-of-way in the following instances: wheresuch \ehicleconstinltes an obstruction Qftraffic" a. \ Vb ere s-tte--l=t-v-ehi-ete-eeH-5.-t:tl''t::lte-T.:HhrlBS{rttet+o n 0 f trG f:t-+~ b. \Vhere such YCBwle has bccn parked or stored on----tfl.e public Fight of ?,ay for a period exceeding 4 8 hOl~rs in other than designated parking Jreas and is \vithin the city right of way, and a warning sticker has been conspicuously placed on the ,,'ehicle pursuant to ~ 165 6 of Chapter 165 of t-he City ~ ~ 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: -,;\!-heli-ev-eI'-l'futwdlsJan ding_am~_.0j:J1eLl1rJ:tyis.iQD-.Oj'_this-Artide.1(L111e contrarv. when ever any police officer finds a vehicle standing upon a highway or street in violation of the foregoing proyisions 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. When eyer Notwithstandinl! anv other oroyision of this Article to the contrary. wheneyer 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 yiolation of the foregoing proyisions of this section, the foregoing Fire Department officials are authorized to provide for the remoyal of such yehicle 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_ 422029.3 _ 7- S 168-4. Parking, stopping and standing prohibited. A. No person shall stop, stand or park a yehicle, except when necessary to ayoid 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. ORLA_ 422029.3 2. 3. 4. 5. 6. 7. 8. In front of a public or private driveway. Within an intersection. On a crosswalk. Within 15 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 yehicle 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 payed street is interpreted to be the entire payed 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 yandals or any other means will not be grounds to escape citation for illegal parking. 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 remoyal 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. 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. 9. 10. 11. 12. 13. 14. 15. -8- B. Whenever a police officer finds a yehicle to be stopped, standing or parked in violation of. any of the foregoing provisions of this section, the officer is authorized to require the driyer or other person in charge of the vehicle to move the vehicle so as not to be in yiolation of any ofthe foregoing provisions of this section. C. Wheneyer a police officer finds an abandoned or unattended yehicle to be stopped, standing or parked for l:lOre th[m '18 hour:; in yiolation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the yehicle for at least ~ 2-=1: hours pursuant to S 165-6 of the Code, then the officer is hereby authorized to provide for the removal of any such yehicle 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. ~ 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 Deyelopment Code for the city, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Deyelopment 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 yehicle 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: 1. If the vehicle is occupied, to require the driver or other person in charge of the vehicle to moye the yehicle 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 l11o;-e th::m 18 hours and a warning sticker has been conspicuously placed on the vehicle for at least ~24 hours pursuant to S 165-6 of the Code, to provide for the remoyal 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. " .). 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 S 168-5B of this Article, ORLA_ 422029.3 -9- for the yiolation of any of the foregoing proyisions with respect to such vehicle and such citation has not been contested, as proyided in S 168-5C of this Article, as of the date of the new yiolation, to provide for the remoyal 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 S 165-9 of the Code. OR LA_ 422029.3 -10- S 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of SS 168-3, 168-'1 ~~n~ ;68 1.1. 4.168-4.1. and 168-5.1. In addition. the Denartment of Police shall also be authorized to enforce 66 168-3.1 and 168-6. NotwithstandinlZ anv other Provision of this Chapter to the contrary. any Citv of Ocoee-.police officer or anv other person authorized bv the Chief of Police 1~ enforce the oroyisions contained in this Chfillter and iSSJle citations for tbe violations of any of the provisions of this Chapter. B. The Fire Department, through the officials listed in S 168-;+-3.1.C, shall als-e-have the primary authority to enforce S 168-3.1 and issue citations for the violation of said S 168- -3-+-3.1. C. C. Any person yiolating any of the provisions of SS 168-3, t-I68-3.1, 168-4-4.. 168-4.1 and/or i 68 1.1 any otbe[J2rovision of t11is Article shall be issued the appropriate citation with the fine leyied by the cxisting City Codc in accordance with the orovisions of this Article. D. If thc owner of the vchicle chooses to contest a parking citation, the owner may fill out the required formes) at policc headquarters, reqaesting a hearing in County Court. Parking citations mav onlv be contested in accordance with the requirements and Rrocedures setJorth in Section 168-2 ofthis 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 yehicle. The cost of such remoyal and storage shall be a lien against such vehicle. All such fees shall be paid directly to the towing service. ~ ]68-5.1. Immobilization of Vehicles Bearing OutstandinQ Citations. 6~ TheCitv ma.y. bv ~esolution after_~ublic he;:trinlZ prec::~ged bv at least seven davs' notice Qf the h~_ and the J)[~osed action bv publication in a l~al?er of lZeneral circuJationin th(; City Q.LOco(;e->.- institute a _1201i~ focJhe jmmobilizati_Qn of yehicles bearinJ~:' .outstanding citations issued pursuant to this. Article. TheJ1rovisions of this Section 168-5.1 shall applv onlv in the event the Citv institutes such a policv. K Any motor vehicle found-p_arked at any .tim~ upon any street or in any off-street parkjnJ2:' facilitv in the Citv of Ocoee alZainst which there is one (1) outstandinlZ parkinlLcitation for parking in a space desilZnated for disabled parkinS!: or three (3) or more outstanding RarkiDE. citations for_ otheLP_arkirrg viQlations within ~he .Rrecedinlf: twelve (lZ) calendar !l1o!}ths. fQr which n9 _ hearin.K.has_. been reques~ed . within the requisite_ tim_~!"io4 pl"ovid.edjnthis Article.>--.may be immQbilized in suc.b a manneras to preyent its o-per.atiol).. NQ such vehiclesball be imIDobiLized by any IDeanS otheLthan by.the uSe of a device Qr other mechanism that will cause no damaS!:e to such vehicle unless it is moved while such deyice or mechanism is in place. ORLA_ 422029.3 -11- c~ ILshalLh~..lb_e_d:uty._Q[1b~J2Qlic~_illfi.c.~LQJ~Qtb~LAlltho.r~dJ2.eLSQn-Rl1m.QbilizinlLs:u~JJ motor vehicle. or under whose direction such vehicle is immobilized. to post on such vehicle. in a conspicuous place. notice sufficient to infonn the owner or operator of the vehicle that: 1. such vehicle has been immobilized pursuant to and bv the authority of Section 168-5.1 of the Citv of Ocoee_ Code of Ordinances: and 2. the owner of such immobilized vehicle. or other dulv authorized person. shall be ~nitted to repossess or to secun; the release of the vehicle UDon pavment to the Citv of Ocoee of tpe aPRVcable fee for remoyal of the immobilization device and all QutstandinlZ f~es and J2enaJties due in connection with anv outstanding citation( s) that necessitated the immobilization of the yehicle. D~ It shall b~ unlawfuLfo( anyone. exc~t fox ~olice officer or. such other nerson authorized bY-the _ChieLof Poli~to remove QLattempLto r~moYe_, tal1J-Der with. or jn .anv way damalZe or alter the immobilization device. E--,- Anv vehicle immobilized j)ursuant to this Section may be towed or otherwise moyed to the nearest lZaralZe or to the storalZe area of anv person. firm or corooration who has contracted with the citv as Provided in S 165-9 of the Code. ~ 168-6. Parking on priyate property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any priyate property without the express or implied consent of the owner of the property. In the event that the identity of the driyer 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 yehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improyed 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-l, R-1-A, R-l-AA, R-I-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 proyisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles on priyately owned streets and road rights-of-way or on any priyate 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 approyed 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 priyate. E. The Protective Inspections Department shall have the 12rimarv responsibility for the enforcement of this :;ccti ~Ht--S~cJilln upon all privately owned property within all residential zoned districtsJrovid~dJoweveL the Citv of Ocoee Police Ikp~lliment and anv person authorized bv the Chief of Police shall also be authorized to enforce the provisions of this Section and issue aporopriate 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 priyate utility companies on any public or private road, street or alley for the period of time required in the locating, relocating, seryicing, testing or repair of equipment of such companies, nor shall the proyisions 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 seryice 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 yehicles, 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 tenninals 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 yehicle contrary ORLA_ 422029.3 -13- contrary to such posting shall, pursuant to FS S 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 approyed 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. R _16.8::~Q~ge~J~9li~~ln1"nlJ;li9 n H~a.rLn gJl(Hlr~l. ~_.,.__.u-"_.-'-m_~':""_...--..:-----,_...-,-_..--....:-.______..:.-.::...__.....:;_:_:..___~_."_,,_"_~",:"'u:~_______-'____..;....:::...____;:::;;____,..:..._,_0-...-----'_ A. There is herebv established the Ocoee Police Infraction HearinQ: Board (the "HearinQ: Board"). The Hearinl! Board shall have the followinl! powers and duties: 1. To hear contests to parkinl! citations issued bv the Citv of Ocoee and receive and eyaluate eyidence in connection therewith: and 2. Based on the evidence presented at such a hearinl!. to make a detennination as to whether the parkinl! violation( s) listed in a citation were in fact committed: and 3. To impose fines and fees consistent with this Chapter. B. I11.e-HeaIingj&aLd~halLQQllSisLQ[s.eY'_eni2tm~anb~IS.Jw~Lwhim m.usJ. b~ 1nel11bers of the Citizens Adyisorv Council of the Ocoee Police .Q.epartment. Additional members of the Hearinl! Board mav also be members of Citizens Advisorv Council of the Ocoee Police De~artmenJ. All memb~rs _9f the Hearing B()_aI..d _shall be residel)ts or business owners from the City of Ocoee. The Hearing Board shan elect a ChaifRerson and a Vice- Chaimerson yearlyJrom among its members. ~, Each member of the Citv C()mmission shaIL~..QJ2oint a member of the Hearinl! Bo~rd. The Qth.erJ~o..lu~Jnher~_oj'Jhe_Hegring.BQa[d_shal1.b~ar2P~inJ~_dJ2Y-tb..eJ::itY__CQ1TImis_sio_n from anLOng the memhers11W___QJ tbe Citizens AdyiSorY Council of Jhe Qcoee PoLice Department. The Chief of Police shall proyide. the Citv Commission with his recommendation as to the appointees from the Citizens Advisory Council of the Ocoee Police D~aI1n1ent._ If a memb~r of the Hearil)g Board who is appointed from the !nemQ_ersJlill_ of the <:;:itizeps Adviso!)' Counc;jl of th~ 9coee_ Police De-Rartment c~a?~ b~_a.Jnen1beLQfthe_Citize11s-.A_dyj-5.Qry_CQU11CiLQftb~_D~J2ee-P-QliCWe-P-.fl.J:tmentJh en such P~ISi)ILShalLals.Q-.QJ~a_sLto__b~_a_JIlembeLQfJhe_Hegring_EQar~:L-Me1:n.beJ:s-OfJb~H~aIing Board shall serve 2-year tel111s~provided. however. that the initial members of the HearinQ: Board appointed bv each City Commissioner shall serve a term of one vear. ORLA_ 422029.3 -14- 12, Jhr~e-C3J mexnhers ofth_e_He.aring Bctard ~h.aJLconstit!Jl~_~Lg1l0lJJm,_.and_.nQ.JlcJioll-111aY~e taken ifless than three (3) members are present and votinl!. E Tbe HeariI:llLBillu:d shall ailimt rules for transaction of its business and shall keep a record of its resolutions. transactions. findinl!s and detenninations. Meetinl!s of the Hearinl! Board shall be held at the call of the Chairperson and at such times as the Hearinl! Board mav determine.JJroyided. howeyer. that if theChief of Police or his desil!nee reauests a meetinl! of the Hearin~ard to consider a contested citation a~ 12rovided in Section 168- 2.D of this C hillJtIT.-th en the Chaimerson shall call a meeting of the HearilllLBoard withjn thirty (30) days of such regue_st. E~ If the HearinR. Board detennines that tb~arking yiolationis) listed in the contested parkin1U,:itation were in fa.ct committed, the HearinLBo_ard may impose a fine of uP to one hundred dollars ($100) for each violation or two hundred fiftv dollars ($250) for each disabled oarkin!! violation. plus hearinl! costs for the issuinl! officer's attendance. If the Hem"inl! Board qetennines _that the~g violation( s) listed in the contested parking citation were not committecb1hen the filinl! fee shall be refunded. s.1_(i8-=2-,_S~hQQl_CLQssingJ:::iJH!nLfnu?;nlJn, ~-'- There is herebx.t12lRQSed on all ~l}g fines/civil penalties for parkin!! vioJatiqns a Sllrcharge of five ($5) dollars for thu2umose oJ funding tbe school crossin~lW.ard program within the Citv of Ocoee. R Ih~_p~e_~ds-DLsJ1Qb2u[cllaIJ~~hall b_e-11tacecUllJLSclJool Crossing Guard Fund and distributed in accord_ance with the applicable-provisions of Florida Stat~. 318. ORLA_ 422029.3 -15- orlct~<)b""Y\cJ . dC-r oE;>2R. 25, 2-001 . . CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN AMENDMENT TO THE LAND DEVELOPMENT CODE NOTICE IS HEREBY GIVEN, pursuant to Subsection 166.041 (3)(c) 2., Florida Statutes, that on TUESDAY, NOVEMBER 6, 2007 at 7:15 P.M. or as soon thereafter as practical, the CITY OF OCOEE CITY COMMISSION will hold PUBLIC HEARINGS at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO RESIDENTIAL YARD ISSUES; AMENDING SECTION 168-4(A) OF THE CITY CODE BY ADDING A NEW SUBSECTION 16 PRO- HIBITING THE PARKING OF VEHICLES IN CERTAIN 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)(1) OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) BY ADDING A PROVISION RELATING TO PARKING REQUIREMENTS ASSOCIATED WITH THE CONVER- SION 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 RECREATIONAL VEHICLES, BOATS 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 PLACE- MENT OF CERTAIN EQUIPMENT ON RESIDENTIAL CORNER LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed actions. The complete case file may be inspected at the Ocoee Community Development Department/Planning Division located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings. Any continuances shall be announced during these hearings and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the publiC hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905-3105. Beth Eikenberry, City Clerk Thursday, 10/4/07 and 10/25/07 0-7- o~