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HomeMy WebLinkAboutOrdinance 99-29 ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO OPEN REAR YARD PORCHES IN RESIDENTIAL DISTRICTS; AMENDING SECTION 5-4B OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES BY REMOVING OPEN REAR YARD PORCHES FROM THE FIVE (5) FOOT EXTENSION LIMIT A TION; ADOPTING SECTION 5-4.1 OF ARTICLE V OF CHAPTER 180 OF THE CODE OF ORDINANCES TO ALLOW FOR THOSE OPEN REAR YARD PORCHES MEETING CERTAIN REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes that many residents of the City desire to add open rear yard porches to the their homes; and WHEREAS, the City Commission recognizes that the Ocoee Land Development Code presently limits open rear yard porches to only those that extend from the house no greater than five (5) feet; and WHEREAS, the City Commission desires to amend the Ocoee Land Development Code to allow for larger open rear yard porches in residential districts under the terms and conditions of this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Section 5-4B of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: 006.147936.2 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 at: reaf 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 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. SECTION 3. Section 5-4J of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby adopted as follows: 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 (712) feet to the rear lot line and no closer than seven and one- half (712) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. SECTION 4. Severabilitv. 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. 006.147936.2 2 SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this.lis:r. day of !1e "'~M ~'-It ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLO Jyz~ ~AU~ Jean Grafton, City Clerk M~l.1.~~ G~"(.elll AcTl.\'Iw c.~"''f Cl.lil.lC. I (SEAL) ADVERTISED 8/29/99 . 1999 AND ADVERTISED 9/12/ ,1999 READ FIRST TIME 9/07/99 . 1999 READ SECOND TIME AND ADOPTED Sl&oraM.1 e: t. ,1999 UNDER AGENDA ITEM NO.:cr c.. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this ~l day of ~~99. ::LE&liz~ City Attorney 006.147936.2 3