HomeMy WebLinkAboutOrdinance 2007-025 Residential Yard Issues
ORDINANCE NO. 2007-025
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 CERT AIN GRASSED OR LANDSCAPED PORTIONS OF
ROADWAYS; AMENDING SECTION 168-6 OF THE CITY CODE
RELATING TO PARKING ON PRIVATE AND PUBLIC
PROPERTY BY EXPANDING THE LIST OF VEHICLES
PROHIBITED FROM PARKING ON PRIVATE AND PUBLIC
PROPERTY; AMENDING PORTIONS OF SECTION 5-4 OF
CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT
CODE) RELATING TO OPEN SPACE, SETBACKS AND
FENCES; ADDING A NEW SECTION 5-4.1 OF CHAPTER 180 OF
THE CITY CODE (LAND DEVELOPMENT CODE) RELATING
TO THE GRANDFATHERING OF FENCES ERECTED PRIOR
TO JANUARY 1, 2000; AMENDING SECTION 6-4 (G)(I) OF
CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT
CODE) BY ADDING A PROVISION RELATING TO PARKING
REQUIREMENTS ASSOCIATED WITH THE CONVERSION OF
PRIVATE GARAGES TO LIVING OR STORAGE AREA;
AMENDING SECTION 6-4(H) OF CHAPTER 180 OF THE CITY
CODE (LAND DEVELOPMENT CODE) RELATING TO OFF-
STREET PARKING LOT REQUIREMENTS, THE PARKING OF
VEHICLES IN FRONT YARDS AND THE PARKING OF
RECREATIONAL VEmCLES, BOATS AND CAMPING
VEmCLES 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
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
ORLA_ 418940.2
SECTION 2. Section 168-4(A) of Chapter 168 of the Code of Ordinances of the
City of Ocoee, Florida, is hereby amended by adding a new Subsection 16 to read as follows:
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
(1) On a sidewalk.
(2) In front of a public or private driveway.
(3) Within an intersection.
(4) On a crosswalk.
(5) Within 15 feet of a fire hydrant.
(6) Within 30 feet of any stop sign located at the side of a roadway.
(7) Within 30 feet of the nearest rail of a railroad crossing.
(8) Within 30 feet of the driveway entrance to any fire station and on the side of a
street opposite.
(9) On the roadway side of any vehicle stopped at the edge or curb of a street or on
the roadway end of any vehicle parked at an angle to a curb or street edge.
(10) At any place where an official sign prohibits parking.
(11) At any place that is designated as a handicapped parking place for handicapped
persons, unless and except when said vehicle is duly permitted for parking therein
by virtue of the fact that there is a handicapped occupant.
(12) On both sides of a paved street that is less than 26 feet in width. For the purpose
of this section, the width of the paved street is interpreted to be the entire paved
area, to include ribbon curb or Miami curb, if either exists. The city's Street
Department is responsible for posting the appropriate no-parking signs on one
side of the street, as directed by the Chief of Police, prior to this section being
enforced by the city's Police Department. Once installed, the removal of a no-
parking sign by vandals or any other means will not be grounds to escape citation
for illegal parking.
(13) On either side of a paved street that is less than 17 feet wide. The city's Street
Department is responsible for posting the appropriate no-parking signs on both
sides of such a street prior to enforcement of this section by the Police
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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.
ill) Parking of vehicles shall be orohibited in grassed or landscaoed oortions of all
oublic and orivate roadwavs and rights-of-wav exceot along streets with a width
ofless than twentv-two (22) feet and exceot along the following roadwavs: A.D.
Mims Road. Flewelling A venue. Wurst Road. Center Street. Ocoee Hills Road.
Russell Drive. Willow Creek Road. Adair Street. Soring Lake Circle. Phvllis
Street. Mabel Street. 7th Street. South Lakewood A venue and East Delaware
Street.
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 DubUc property.
A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied,
on any private property without the express or implied consent of the owner of the
property. In the event that the identity of the driver of such vehicle is unknown, the owner
or person in whose name such vehicle is registered shall be prima facie deemed to be in
violation hereof.
B. Conformance required; exceptions.
(1) No owner of any private property shall consent to or acquiesce to the parking or
storing of any motor vehicles, whether occupied or unoccupied, on any portion of
the owner's property which has not been surfaced and otherwise improved in
accordance with all of the off-street parking lot requirements set forth in the Land
Development Code, except that this subsection shall not apply to the following:
Public school property.
(a)
(b)
Property which is owned, managed or operated by the city, including but
not limited to recreational facilities, facilities for social gatherings or
ORLA_ 418940.4
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occasions, parks, swimming facilities, baseball fields, football fields,
basketball courts, tennis courts and youth centers.
(c) Property 'lIhich is zoned R 1, R 1 ,\, R 1 ,\,\, R 1 ^^,\, R 2 or PUD
Planned Development and has been impro'ied v.ith 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: camoingftravel trailers: hauling trailers: recreational
vehicles (R V): boats or camoing vehicles on privately owned streets and oublic road
rights-of-way or on any private property which is zoned residential, including residential
planned unit developments, as established by the Land Development Code for the city,
shall be prohibited except for loading and unloading purposes or as otherwise permitted
by the Land Development Code. For the Additionallv. construction and lawn eauioment
trailers and vehicles shall not be oarked in the front vard or the road right-of-wav. These
must be oarked behind the front building setback and screened front and side with a six
(6) foot ooaaue fence with gate. For purposes of this section, a "commercial vehicle" is
any truck aftEior other vehicle having a rated capacity of over 1 Y2 tons. The orovisions
of the subsection shall not aoolv to (i) anv vehicle owned or controlled bv the Citv of
Ocoee or anv other governmental entitv. (in anv in-service ambulance. or (iii) anv other
emergencv vehicle.
D. The parking of buses on privately owned streets and oublic road rights-of-way or any
private property which is zoned residential, including residential planned unit
developments, as established by the Land Development Code for the city, shall be
prohibited, except in designated bus parking areas approved by the city as part of a
special exception or a conditional use. For the purposes of this section, a "bus" is a
vehicle designated specifically for the transportation of people for commercial purposes
or transportation of students both public and private.
E. The Protective Inspections Communitv Develooment 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.
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:
ORLA_ 418940.4
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~ 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 comer visibility requirements of this Code shall be met, and provided further that
no fence, wall or hedge 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 of right- of-
way.
D. No dwelling shall be erected on a lot which does not abut at least one street, which is at
least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct
and primary means of ingress and egress for all dwelling units. Alleys, where they exist,
shall form only a secondary means of ingress and egress.
E. The owner of any lot of record existing at the time of the adoption of this Code that does
not meet the above criteria may apply to the Board of Adjustment for a variance for the
construction of a single-family home. The Board of Adjustment shall make a
recommendation and the City Commission shall determine that there is reasonable access
to the property, and that this action will create no adverse impact on adjacent properties,
before a variance is granted.
F. Accessory buildings which are not a part of the main building may be built in the rear
yard, but shall not cover more than thirty (30) percent of the rear yard.
G. On any 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 sim!le-familv
dwelling units are designed rear to rear. and (3) where there are no garage or main entry
doorwavs exiting to the side front vard. then in such cases. the front side building setback
shall be reduced to IS-feet from the orooertv line. The foregoing orovision aoolies onlv to
new single-familv dwellings for which building oermits are obtained after Januarv 15.
2008.
ORLA_ 418940.4 -5-
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.
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 (l) two corner lots
adioin at the end of a block. (2) where the sinf!le-familv dwellinf! units are desif!iled rear
to rear. and (3) where there are no f!araf!e or main entry doorways exitinf! to the side front
yard. then in such cases. fences !!feater than four (4) feet and no more than six (6) feet in
heif!ht shall be allowed within the side front yard as lonf! as a minimum setback of fifteen
(15) feet is maintained from orooertv line and the fence extends alonf! no more than Y2 the
deoth of the house.
J. Open porches may extend into the rear yard in residential districts provided that:
(1) The open porch does not cover more than thirty (30) percent of the rear yard;
(2) The open porch does not increase the maximum impervious surface of the lot to
be greater than fifty (50) percent;
(3) The open porch is no closer than seven and one-half (7' f) feet to the rear lot line
and no closer than seven and one-half (7' f) 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 ooen soace area for a sinf!le-familv residential lot shall not include covered
area with any imoervious materials such as stone. !!favel. rock or imoervious mulch
materials. In no case shall any imoervious materials. other than those reauired for
sidewalks. driveways or oarkinf! area amons. be olaced within oublic or orivate roadway
rif!ht-of-wavs. For the oumoses of this subsection. imoervious mulch materials are
defined as any material that sif!nificantlv limits the absomtion of stormwater into the
!!found. such as stone. !!favel and rocks that are used in landscaoinf!.
SECTION 5. Chapter 180 of the Code of Ordinances of the City of Ocoee,
Florida, (the Land Development Code) is hereby amended to adding a new Section 5-4.1 to read
as follows:
OR LA_ 418940.4
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Section 5-4.1 Fences.
Fences erected within the City ofOcoee orior to January 1. 2000. shall be considered to be
l!fandfathered as leQal non-conforminQ structures. It is the burden of the orooertv owner to
orovide documentation to the City that the existinQ fence meets this standard. Subiect to
obtaininQ buildinQ oermits. l!fandfathered fences shall be allowed to be reoaired and/or reolaced
in the location they were constructed in. exceot that safe siQht trianQles on comer lots must be
maintained for all reolacement fences.
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 offioor area used for assembly or
recreation.
(e) Dormitories: One space for each three (3) beds.
(t) When any orivate QaraQe is converted to livinQ or storaQe soace. at least
two off-street oarkinQ soaces shall be maintained on the orooertv. If the
foreQoinQ standard cannot be met. then the conversion of a orivate QaraQe
to livinQ or storaQe soace shall be orohibited. If the conversion exists as of
January 15. 2008. then the orovisions of this subsection shall not be
aoolicable.
SECTION 7. Section 6-4(H) of Chapter 180 of the Code of Ordinances of the
City ofOcoee, Florida, (the Land Development Code) is hereby amended to read as follows:
ORLA_418940.4
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H. Off-Street Parking Lot Requirements.
(2)
(3)
(4)
ORLA_418940A
(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.
Residential driveways, parking spaces, motor courts, sidewalks, etc7: 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 or mulch er-ffi.Ft 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.
All off-street parking spaces shall be clearly defined and maintained in a manner
that parking spaces, pavement markings, turn arrows, etc., are always easily
discernible.
Permanent reservation. The area reserved for off-street parking or loading space
shall not be reduced in area or changed to any other use unless the permitted use
which it serves is discontinued or modified, except where equivalent parking or
loading space is provided.
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(5) Parkin2: of vehicles on a sin2:1e-familv residential lot shall be allowed in the front
'lard. unless orohibited bv orivate restrictive covenants encumberin2: such lot. In
no case shall desi2:nated hard surfaced drivewavs or oarkin2: areas increase the
maximum imoervious area of the entire lot to 2:feater than fiftv oercent (50%), and
all oarkin2: areas shall be limited to no more than 50% of the reauired front 'lard
area. On corner lots. front 'lard oarkin2: shall not extend into the reauired twentv-
five (25) foot visibilitv trian2:1e. All off-street oarkin2: areas shall include a
concrete aoron between the orooertv line and the oavement of the roadwav where
said oarkin2: area directly accesses the roadway: orovided. however. that the
Director of Community Develooment or his desi2:nee mav waive the reauirement
for a concrete aoron if the orooertv owner can demonstrate that the concrete aoron
is not needed to orotect the sidewalk located on or adiacent to the lot from dama2:e
bv vehicles travelin2: to and from the off-street oarkin2: area.
~ ~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:
(b)
(c)
ORLA_ 418940.4
(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.
Not more than 6fle two (2) (ilcamping or travel tfai.leF trailers -ef
hauling trailer. (ii) haulin2: trailers. (iii) recreational vehicles (RY). (iv)
boats. (v) camoin2: vehicles. (vi) vehicles used for off-road ooerations. or
(vii) motor-oowered vehicles not licensed for use on a oublic roadwav or
orivate street per family living on the premises shall be permitted, and said
tfai.leF. Anv such vehicle shall not exceed t\.venty four (21 thirty-six (36)
feet in length or eight (8) feet in width; and further provided that said
trailer and 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 hi2:h
ooaaue fence with 2:ate. Anv such vehicle shall not be occupied} either
temporarily or permanently-whHe. 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 eauioment trailers and vehicles
(i) shall not be oarked in the front 'lard or the road ri2:ht-of-wav. and (ii)
must be oarked behind the front buildin2: setback and screened front and
side with a six (6) foot ooaaue fence with 2:ate.
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.
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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.
Eauioment on Residential Comer Lots.
The olacement of mechanical. air conditionin!!. emefl!encv !!enerators. orooane tanks. 0001
filterin!! eauioment or similar mechanical devices for sin!!le family dwellin!!s located on comer
lots shall only be olaced within and limited to the interior side yard and not alon!! any side of the
dwellin!! facin!! the street unless such eauioment exists as of January 15. 2008. in which case the
orovisions of this section shall not be aoolicable: orovided. however. that any such l!fandfathered
eauioment may only be reolaced with the same tvoe of eauioment that was removed.
SECTION 9. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 10.
Codification. It is the intention of the City Commission of
the City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
ORLA_ 418940.4
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SECTION 11.
Effective Date. This Ordinance shall become effective on
January 15, 2008.
PASSED AND ADOPTED this 6th day of November, 2007.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 6th day of November, 2007.
FOLi! L/;RDi~LLP J-I:i- /J
By: ~aux !I~
City Attorney
ORLA_ 418940.4
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED oul-~ , 2007. and
~. ~5t /2007
READ FIRST TIME oni-.' G, , 2007
READ SECOND TIME AND ADOPTED
NoI. ~ fi ,2007 '2
UNDER AGEN A ITEM NO. ,:...;
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