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HomeMy WebLinkAboutOrdinance 89-12 ORDINANCE NO. 89-12 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PARKING OF MOTOR VEHICLES; CREATING A NEW SECTION OF THE CODE OF ORDINANCES ENTITLED DPARKING ON PRIVATE PROPERTyD; AMENDING SUBSECTION 76 OF SECTION 1 OF CHAPTER VI OF APPENDIX A OF THE CODE OF ORDINANCES, WHICH DEFINES DOFF-STREET PARKING LOTD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. . NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 2. A Article V of Chapter 21 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: ARTICLE V. PARKING ON PRIVATE PROPERTY Section 21-70 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 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) 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 Zoning Ordinance, except that this subsection (b) shall not apply to the following: (1) public school property; (2) 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; (3) property which (1) is zoned R-l, R-I-A, R-I-AA, R-I-AAA, R-2 or PUD Planned Development, and (b) has been improved with a dwelling; and . (4) property which has been improved with a structure whose primary purpose is for religious worship, which has at least weekly scheduled services and has a congregation of at least fifty (50) members. SECTION 3. The present Subsection 76 of Section 1 Chapter VI of Appendix A (the Zoning Ordinance) of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: (76) Parking lot, off-street: ~n ~ro~ or plot of ground Uesd for the otora~e or par](iR~ of motor ~ehicle3 either for cOffipen3ation or to pro.v"icle an acce~~or:y ~erv ice La a bl1silleS5, .i.uJu::. L.r:.;'al VL L t=::;.i.Jt=ll L.Lal ~. Any area or parcel of property intended or used for the storage or parking of motor vehicles. . SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconsti- tutional 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 hereof. SECTION 5. This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 20th day of June , 1989. tiL2L THOMAS R. ISON, Mayor ATTEST: (SEAL) Advertised: June 8 , 1989. Read First Time: June 6 , 1989. Read Second Time and Adopted: June 20 , 1989. For use and reliance only by the City of Ocoee, Florida. Approv~d as to f~rm and legality this~day of ~V~e ,1989. . FOLEY & LARDNER, van den BERG, GAY, BURKE, WILSON & ARKIN BY: _fJ~ ~ City Attorney