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HomeMy WebLinkAboutItem #09 Residential Front Yard Regulations AGENDA ITEM STAFF REPORT Meeting Date: September 11 2006 Item # _ ~ 9 .~~0 Contact Name: Contact Number: Bobby Howell 407 -905-3100/1044 Reviewed By: Department Director: City Manager: Subject: Residential Front Yard Regulations 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 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? 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. Recommendations Based on the recommendation of the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the proposed amendments to the Land Development Code and City Code of Ordinances. Attachments: Staff Analysis Ordinance 2006- Changes Made to Staff Proposal to Address Comments Raised at Planning & Zoning Commission Meeting Excerpts Chapter 168 - Code of Ordinances Excerpts Article V & VI - Land Development Code Financial Impact: N/A Type of Item: (please mark with an "x'j ~ Public Hearing ~ 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 ( ) Ordinance written by City Attorney N/A X N/A N/A 2 51 AFF ANAL Y515 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 fFaiI.eF vehicle shall not exceed tl/lOnty four (24) thirtv-six (36) feet in length or aight (8) foot in wifJ#t; and further provided that said fFaiI.eF 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. JI. camping or tr3.'la! tr3.f,lor, or c3.FRp/ng van/cia, 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 3 eauipment trailers and vehicles shall not be parked in the front yard or the road riaht-of- way. These must be parked behind the front buildina setback and screened front and side with a six (6) foot opaaue 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; campina/travel trailers; haulina trailers; recreational vehicles (RV); boats or campina vehicles on privately owned streets and public road rights-of-way or any private property which is zoned residential, including planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. Additionally, construction and lawn eauipment trailers and vehicles. shall not be parked in the front yard or the road riaht-of-way. These must be parked behind the front buildina setback and screened front and side with a six (6) foot opaaue fence with aate. For purposes of this section, a 'commercial vehicle' is any truck and other vehicle having a rated capacity of over 1 ~ tons. B. Parallel Street Parking in grassed landscaped area between the sidewalk and street Currently, there is no provision in the Code of Ordinances Section 168-4.A. prohibiting the parking of vehicles in the grassed landscaped area located between the sidewalk and street. Typically, utilities such as water and sewer lines are located within these easements, more often in newer developments. When utilities located in these easements need to be accessed, it causes great difficulty for workers when vehicles are parked on these easements. To remedy this problem, staff is proposing to incorporate a provision into the Code of Ordinances prohibiting the parking of vehicles in the grassed or landscaped portions of all public and private road rights-of-ways, except for specific roadways as noted in the proposed ordinance. Parkina of vehicles shall be prohibited in arassed or landscaped portions of all public and private roadway riahts-of-way except alona the followina roadways: A.D. Mims Road, Flewellina Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive, and Willow Creek Road. 4 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 Generators, propane tanks. pool filterinG equipment or similar mechanical devices for sinGle family dwellinGs located on corner lots shall only be placed within the interior side yard and not alonG any side of the dwellinG facinG the street unless such equipment exists as of the date of this ordinance, in which case the provisions of this section shall not be applicable. D. Front Yard Parking 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 \A,hothor of a paved surface such as asphalt, concrete or brick, or of 3n unp3'Iod surf3CO such 3S gr::lVo!, 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 5 desiGnated hard surfaced driveways or parkinG areas increase the maximum impervious area of the entire lot to Greater than fifty percent (50%), and all parkinG areas shall be limited to no more than 50% of the required front yard area. On corner lots, front yard parkinG shall not extend into the required twenty-five (25) foot visibilitv trianale. All off- street parkina areas shall include a concrete apron between the property line and the pavement of the roadway where said parkinG area directlv accesses the roadway. E. Garaae conversions to livina space Section 6-4 G (1)(a) of the Land Development Code requires two (2) parking spaces for all single-family and duplex units. The garage may be utilized as one of the required parking spaces. When conversions of garages into living areas occur, one of the required parking spaces is removed, and in many instances front yards begin to be used as parking areas. In the newer subdivision developments, garage conversions do not appear to be a concern since these conversions are prohibited by most governing covenants and deed restrictions. Most of the conversions that occur appear to be illegal conversions that do not allow the Building Division an opportunity to inspect. The City Commission reached a consensus to allow conversions of garages to living spaces, provided that a total of two parking spaces still remain on the property. Based on this, staff is proposing to incorporate a provision into Section 5-4.1 of the Land Development Code allowing garage conversions as long as two 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 GaraGe is converted to livinG or storaGe space, at least two off-street parkinG spaces shall be maintained on the property. If the foreGoinG standard cannot be met, then the conversion of a private GaraGe to livinG or storaGe space shall be prohibited. If the conversion exists as of 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 corner visibility requirements of this Code shall be met, and provided further that no wall, or fence or hodgo located in front of the front building line shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height." Further it states in Section 5-4 H, the following: "On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lots lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same 6 distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet." In some instances when fences are erected on the street side of corner lots, it has been observed they extend along the length of the front yard of the adjacent corner lot when the unit orients toward the street. This creates a significant visual barrier, and no changes are proposed to the current 25-foot setback. However, in order to provide reduced setback provisions for fences on certain corner lots, staff is recommending incorporation of a provision into this section of the Land Development Code allowing fences greater than four (4) feet and no more than six (6) feet in height within the side front yard of single-family dwelling units provided they are designed rear to rear, no garage or main entry doorways exit to the side front yard, and a minimum setback of fifteen (15) feet is maintained from the property line as long as the fence extends along no more than % the depth of the house. Additionally, staff is proposing a grandfathering provision to allow fences not meeting these requirements that are erected prior to January 1, 2000, to be considered grandfathered as legal non-conforming structures. In cases where (1) two corner lots adioin at the end of a block. (2) where the sin ale- familv dwellina units are desiqned rear to rear, and (3) where there are no aaraae or main entry doorways exitina to the side front va rd. then in such cases. fences areater than four (4) feet and no more than six (6) feet in heiaht shall be allowed within the side front yard as lona as a minimum setback of fifteen (15) feet is maintained from orooertv line and the fence extends alona no more than ~ the deoth of the house. Fences erected within the City of Dcoee orior to January 1. 2000. shall be considered to be arandfathered as leaal non-conformina 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. qrandfathered fences shall be allowed to be reoaired and/or reolaced in the location they were constructed in. exceot that safe siqht trianqles 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 adioin at the end of a block. (2) where the sinale- familv dwellinq units are desiqned 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 orooertv line. The foreaoina orovision aoolies onlv to new sinale-familv dwellinqs for which buildina oermits are obtained after the effective date of this ordinance. 7 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. P....operty II/hich is zonod R 1, R 1 /I., R 1 1'.1\, R 1 I\J\J\, R 2 or ,DUD P!:mnod Dovolopmont :1nd h:1S boon impro'lOd with :1 dVlof.ling. 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 Protectiv-o Inspections Communitv Develooment 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 single-familv residential lots Recently, it has come to the attention of staff that the yards of several single-family residential properties located within the City have been covered with impervious materials such as stone, gravel, rock, and other impervious mulch materials. Since these materials are impervious, they may not absorb rainwater as well as a planted material. This can eventually lead to problems with drainage that can cause flooding of the lot, and can potentially cause adverse stormwater runoff to neighboring properties. In addition, there are aesthetic reasons to ensure consistency of appearance along residential avenues to maintain property values. In order to ensure that open space is preserved and the pervious area of a lot is not impacted, staff has proposed the addition of a provision to Section 5-4 of the Land Development Regulations prohibiting impervious materials such as stone, gravel, rock and other impervious mulch materials within the required 50% open space area for a single-family residential lot. This provision will also prohibit impervious materials other than those required for sidewalks; driveways or parking area aprons from being placed within public or private road rights-of-way. The reauired ooen soace area for a sinale-familv residential lot shall not include covered area with anv imoervious materials such as stone, aravel, rock or imoervious mulch materials. In no case shall anv imoervious materials. other than those reauired for sidewalks, drivewavs or oarkinq area aorons, be olaced within oublic or orivate roadwav riaht-of-wavs. Planning & Zoning 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 8 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. 9 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 GRAND FATHERING 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 CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. ORLA_ 418940.2 SECTION 2. Section 168-4(A) of Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended by adding a new Subsection 16 to read as follows: A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection. (4) On a crosswalk. (5) Within 15 feet ofa 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 ofthe 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 ORLA_418940.2 -2- Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius ofless than 30 feet. (15) Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. ~ ParkinQ: of vehicles shall be nrohibited in Q:rassed or landscaDed Dortions of all DubHc and Drivate roadways and riQ:hts-of-wav exceDt alonQ: the followinQ: roadways: A.D. Mims Road. FlewellinQ: 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 Dublie property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: (a) (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 v/hich is zoned R 1, R 1 .\, R 1 A.^.., R 1 .^u^...^.., R 2 or PUD Planned Development and has been improyed '.vith 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: camoin2:/travel trailers: haulin2: trailers: recreational vehicles (RV): boats or camoin2: 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 ri2:ht-of-wav. These must be oarked behind the front buildin2: setback and screened front and side with a six (6) foot ooaaue fence with 2:ate. For purposes of this section, a "commercial vehicle" is any truck aHElor other vehicle having a rated capacity of over 1 lIz tons. The orovisions ofthe subsection shall not aoolv to (i) anv vehicle owned or controlled bv the Citv of Ocoee or anv other 2:overnmental entity. (ii) anv in-service ambulance. or (iii) anvother ememencv 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 InspectionsCommunitv Develooment Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. SECTION 4. Section 5-4 of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, (the Land Development Code) is hereby amended to read as follows: ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. ORLA_ 418940.2 -4- B. Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two (2) feet. Open porches or open fire escapes may project into a front yard a distance not to exceed 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 heGgefence 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 ofthe 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 simde-familv dwellinQ units are desiQned rear to rear. and (3) where there are no QaraQe or main entry doorwavs exitinQ to the side front vard. then in such cases. the front side buildinQ setback shall be reduced to 15- feet from the orooertv line. The foreQoinQ orovision aoolies onlv to new sinQle-familv dwellinQs for which buildinQ oermits are obtained after October 1. 2006. H. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6) inches and ten (10) feet above any portion ofthe 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. ORLA_418940.2 -5- I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. In cases where (1) two comer lots adioin at the end of a block. (2) where the simde-family dwellim! units are deshmed rear to rear. and (3) where there are no IZaralZe or main entrv doorways exitinlZ to the side front yard. then in such cases. fences IZreater than four (4) feet and no more than six (6) feet in heilZht shall be allowed within the side front yard as 10nlZ as a minimum setback of fifteen (15) feet is maintained from mooertv line and the fence extends alonlZ no more than 1'2 the deoth of the house. J. Open porches may extend into the rear yard in residential districts provided that: (1) The open porch does not cover more than thirty (30) percent of the rear yard; (2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50) percent; (3) The open porch is no closer than seven and one-half (7' /) feet to the rear lot line and no closer than seven and one-half (7' /) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The required ooen soace area for a sinlZle-familv residential lot shall not include covered area with any imoervious materials such as stone. IZravel. rock or imoervious mulch materials. In no case shall any imoervious materials. other than those required for sidewalks. driveways or oarkinlZ area oarons. be olaced within oublic or orivate roadway rilZht-of-wavs. For the ourooses of this subsection. imoervious mulch materials are defined as any material that silZnificantlv limits the absorotion of stormwater into the IZround. such as stone. IZravel and rocks that are used in landscaoinlZ. 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: Section 5-4.1 Fences. Fences erected within the Citv of Ocoee orior to Januarv 1. 2000. shall be considered to be IZrandfathered as lelZal non-conforminlZ structures. It is the burden ofthe moDem owner to movide documentation to the Citv that the existinlZ fence meets this standard. Subiect to obtaininlZ buildinlZ oermits. IZrandfathered fences shall be allowed to be reoaired and/or reolaced in the location they were constructed in. exceot that safe silZht trianlZles on corner lots must be maintained for all reolacement fences. ORLA_ 418940.2 -6- SECTION 6. Section 6-4(G)(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 mivate lZaralZe is converted to livinlZ or storalZe soace. at least two off-street oarkinlZ soaces shall be maintained on the mooem. If the forelZoinlZ standard cannot be met. then the conversion of a mivate lZaralZe to livinlZ or storalZe soace shall be mohibited. If the conversion exists as of October 1. 2006. then the movisions of this subsection shall not be aoolicable. SECTION 7. Section 6-4(H) of Chapter 180 of the Code of Ordinances of the City ofOcoee, Florida, (the Land Development Code) is hereby amended to read as follows: H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety. Upon a determination by the Development Review Committee up to twenty five percent (25%) of parking spaces may remain unpaved. A place of worship, or other institutional use without daily parking needs may be allowed to leave fifty percent (50%) of all parking spaces unpaved. The applicant shall supply evidence that the unpaved parking area will not cause erosion, reduce water quality, or any other degradation of the natural or built environment. ORLA_ 418940.2 -7- (4) (S) ORLA_ 418940.2 Also, where light duty or infrequent use of the parking lot may make it desirable, the DRC may approve a grass or mulched surface. Should the use of this lot change appreciably, however, such that a grass or mulched surface is no longer adequate, the City may require the lot to be resurfaced with a more durable material. The location of individual parking spaces shall be clearly marked. Each off-street parking space shall include one hundred eighty (180) square feet in addition to space for access drives and aisles. The minimum size of each space shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking may be reduced to fifteen (1S) 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 5f*i€€soaces 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 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. Permanent reservation. The area reserved for off-street parking or loading space shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. No oarkim! of vehicles on a sinl!le-familv residential lot shall be allowed in the front vard other than on desil!nated hard surfaced drivewavs or oarkinl! areas. In no case shall desil!nated hard surfaced drivewavs or oarkinl! areas increase the maximum imoervious area of the entire lot to l!reater than fiftv oercent (SO%). and all oarkinl! areas shall be limited to no more than SO% of the reauired front vard area. On comer lots. front vard oarkinl! shall not extend into the reauired twentv- five (2S) foot visibility trianl!le. All off-street oarkinl! areas shall include a concrete amon between the orooertv line and the oavement of the roadwav where said oarkinl! area directlv accesses the roadwav: movided. however. that the Director of Community Develooment or his desil!nee mav waive the reauirement for a concrete amon if the mooertv owner can demonstrate that the concrete amon is not needed to motect the sidewalk located on or adiacent to the lot from damal!e bv vehicles travelinl! to and from the off-street oarkinl! area. -8- ~ fB-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 (11/2) 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 trailor~ haulinll trailer. (iii) recreational vehicle (RV). (iv) boat. (v) camoinll vehicle. (vi) vehicle used for off-road ooerations. or (vii) motor-oowered vehicle not licensed for use on a oublic roadwav or orivate street per family living on the premises shall be permitted; and said trailer. Anv such vehicle shall not exceed tv/enty four (21thirtv-six (6) feet in length or eight (8) feet in width; and further provided that said trailerand shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. ,^,. camping or travel trailer, or campor 'Iehicle, and screened with a six (6) foot hillh ooaaue fence with llate. Anv such vehicle shall not be occupied~ either temporarily or permanently-while. 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 yard or the road rillht-of-wav. and (ii) must be oarked behind the front buildinll setback and screened front and side with a six (6) foot ooaaue fence with llate. (c) Disabled vehicles or trailers of any kind or type shall not be parked or stored in any residentially zoned property for more than one month unless in a completely enclosed building or carport. SECTION 8. Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, (the Land Development Code) is hereby amended by adopting a new Section 6-16 to read as follows: Section 6-16. Eauioment on Residential Comer Lots. The olacement of mechanical. air conditioninll. ememencv llenerators. orooane tanks. 0001 filterinll eauioment or similar mechanical devices for sinllle family dwellinlls located on comer lots shall only be olaced within and limited to the interior side yard and not alonll any side of the dwellinll facinll the street unless such eauioment exists as of October 1. 2006. in which case the ORLA_418940.2 -9- provisions of this section shall not be annlicable: provided. however. that anv such Qrandfathered eouinment mav onlv be renlaced with the same tvne of eouinment that was removed. SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. [BALANCE OF THIS PAGE IS INTENTIONALLY 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 ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. FOLEY & LARDNER LLP{ By: City Attorney ORLA_ 418940.2 ,2006. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED ,2006. and , 2006 READ FIRST TIME ,2006 READ SECOND TIME AND ADOPTED , 2006 UNDER AGENDA ITEM NO. -11- CHANGES MADE TO STAFF PROPOSAL TO ADDRESS COMMENTS RAISED AT PLANNING & ZONING COMMISSION MEETING. RESIDENTIAL YARD ISSUES INSERTS FOR LDC AMENDMENT (8/06) ~ 168-4 Parking, stopping and standing prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) ORLA_ 420983.1 On a sidewalk. In front of a public or private driveway. Within an intersection. On a crosswalk. Within 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 vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The city's Street 8/28/06 Department is responsible for posting the appropriate no-parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no- parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. (13) On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. (14) In a cul-de-sac that has a radius ofless than 30 feet. (15) Within a roadway other than parallel with the edge 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. (16) Parking of vehicles shall be prohibited in grassed or landscaped portions of all public and private roadways and rights-of-way except along the following roadways: A.D. Mims Road, Flewelling Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive, and Willow Creek Road. B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked for more than 48 hours in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to ~ 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 ~ 165-9 of the Code,!, ORLA_ 420983.1 8/28/06 ~ 168-6. Parking on private and public property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. (1) No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (2) The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles; camping/travel trailers; hauling trailers; recreational vehicles (RV); boats or camping vehicles on privately owned streets and public road rights-of-way or on any private property which is zoned residential, including planned unit developments, as established by the Land Development Code for the city, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. Additionally, construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. These must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. For purposes of this section, a -=-:':commercial vehicle.!.: is any truck tmdor other vehicle having a rated capacity of over 1 ~ tons. The orovisions of the subsection shall not aoolv to (i) anv vehicle owned or controlled bv the City of Ocoee or anv other l2:overnmental entitv. (m anv in-service ambulance. or rim anv other emerl2:encv vehicle. D. The parking of buses on privately owned streets and public road rights-of-way or any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or a conditional use. For the purposes ofthis section, a "bus" is a ORLA_ 420983.1 8/28/06 vehicle designated specifically for the transportation of people for commercial purposes or transportation of students both public and private. E. The Community Development Department shall have the responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. ORLA_ 420983.1 8/28/06 ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two (2) feet. Open porches or open fire escapes may project into a front yard a distance not to exceed five (5) feet. Fences, walls and hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that street comer 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 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 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 above any portion of the crown ofthe adjacent ORLA_ 420983.1 8/28/06 roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the points so established to form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. 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 lh the depth of the house. 1. Open porches may extend into the rear yard in residential districts provided that: (1) The open porch does not cover more than thirty (30) percent of the rear yard; (2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50) percent; (3) The open porch is no closer than seven and one-half (7' /) feet to the rear lot line and no closer than seven and one-half (7' /) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. K. The required open space area for a single-family residential lot shall not include covered area with any impervious materials such as stone, gravel, rock or impervious mulch materials. In no case shall any impervious materials, other than those required for sidewalks, driveways or parking area aprons, be placed within public or private roadway right-of-ways. For the ourooses of this subsection. imoervious mulch materials are defined as any material that siQnificantlv limits the absorotion of stormwater into the Qround. such as stone. Qravel and rocks that are used in landscaoinQ, ORLA_ 420983.1 8/28/06 LDC 5.4.1 Fences (1) ORLA_ 420983.1 Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to be grandfathered as legal non-conforming structures. It is the burden of the property owner to provide documentation to the City that the existing fence meets this standard. Subject to obtaining building permits, grandfathered fences shall be allowed to be repaired and/or replaced in the location they were constructed in, except that safe sight triangles on comer lots must be maintained for all replacement fences. 8/28/06 LDC 6-4 (G)(1) (1) Residential, hotel, motel and lodge. (d) (e) (f) ORLA_ 4209S3.1 (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. 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. Dormitories: One space for each three (3) beds. When any private garage is converted to living or storage space, at least two off-street parking spaces shall be maintained on the property. If the foregoing standard cannot be met, then the conversion of a private garage to living or storage space shall be prohibited. If the conversion exists as of October 1,2006, then the provisions of this subsection shall not be applicable. 8/28/06 LDC 6-4 (H) H. Off-Street Parking Lot Requirements. (3) (4) (5) ORLA_ 420983.1 (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 spaces or other vehicle circulation area of a paved surface such as asphalt, concrete or brick, mulch or dirt shall be set back at least two (2) feet from the side or rear property lines." The provisions 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. No parking of vehicles on a single-family residential lot shall be allowed in the front yard other than on designated hard surfaced driveways or parking areas. In 8/28/06 no case shall designated hard surfaced driveways or parking areas increase the maximum impervious area of the entire lot to greater than fifty percent (50%), and all parking areas shall be limited to no more than 50% of the required front yard area. On comer lots, front yard parking shall not extend into the required twenty- five (25) foot visibility triangle. All off-street parking areas shall include a concrete apron between the property line and the pavement of the roadway where said parking area directly accesses the roadway: orovided. however. that the Director of Community Develooment or his deshmee may waive the reauirement for a concrete aoron if the orooerty owner can demonstrate that the concrete aoron is not needed to orotect the sidewalk located on or adiacent to the lot from damalle by vehicles travelinll to and from the off-street oarkinll 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: (b) (c) ORLA_ 420983.1 (a) Not more than one commercial vehicle which does not exceed one and one-half (11/2) 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 one (i) camping or travel trailer, (ii) hauling trailer, (iii) recreational vehicle (RV), (iv) boat, er-(v) camping vehicle. (yi) vehicle used for off-road ooerations. or (vii) motor-oowered vehicle not licensed for use on a oublic roadway or orivate street per family living on the premises shall be permitted. Any such vehicle shall not exceed thirty-six (36) feet in length and shall not be parked or stored for more than forty- eight (48) hours unless it is located behind the front yard building line and screened with a six (6) foot high opaque fence with gate. Any such vehicle shall not be occupied, either temporarily or permanently, when it is parked or stored in any residential district, except when it is located in an authorized mobile home park. Additionally, construction and lawn equipment trailers and vehicles (i) shall not be parked in the front yard or the road right-of-way, and (ii) must be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. 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. 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 provisions of this section shall not be applicable; ; orovided. however. that anv such Qrandfathered eauinment mav onlv be renlaced with the same tvne of eauinment that was removed. ORLA_ 420983.1 8/28/06 General Code E-Code: City of Ocoee, FL Page 1 of 5 Chapter 168: VEHICLES AND TRAFFIC [HISTORY: Adopted by the City Commission of the City of Ocoee as indicated in article histories. Section 168-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Boats 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 [Adopted 7-5-1994 by Ord. No. 94-20 Editor's Note: This ordinance repealed former Article I of Chapter 168 (as amended), which was originally adopted as Ch. 21, Arts. I and II, of the 1977 Code of Ordinances. ] ~ 168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the city, and its provisions shall control traffic within the city. ~ 168-1.1. Definitions. The definitions set forth in FS S 316.003, as from time to time amended, shall be applicable to this article. ~ 168-2. Fines. The schedule of fines delineated below for parking violations within the city is hereby adopted: A. All parking violations within the city shall be fined in the amount of $10 for each infraction so long as said fine is paid within 72 hours. B. Fines that are paid after 72 hours but prior to one week shall be in the amount of $15. C. Fines that are paid after one week of the citation being issued but less than two weeks shall be in the amount of $25. D. Fines that have not been paid within two weeks of the issuance of the citation will result in the owner of record of the vehicle that was parked illegally being notified of the citation, via the United States mail, by the County Court, in accordance with the Florida Statutes. ~ 168-3. Parking, stopping and standing on highway or street. 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. Removal of vehicles. (1) Whenever any police officer finds a vehicle standing upon a highway or street 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 httn://www~~-r.()np.,;: O"F'nF'T"l'lll'nrlp ("'/"\,....., /<''''"...,..1-....''',.... 1...,.. ___t'J___ .:1__ _, , General Code E-Code: City of Ocoee, FL Page 2 of 5 part of the highway or street. (2) 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 9 165-9 of the Code, or other place of safety when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way in the following instances: (a) Where such vehicle constitutes an obstruction of traffic; or (b) Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours in other than designated parking areas and is within the city right-of-way, and a warning sticker has been conspicuously placed on the vehicle pursuant to S 165-6 of Chapter 165 of the City Code. 9168-3.1. Parking in fire lanes. [Added 9-2-1997 by Ord. No. 97-16] 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. 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 9 165-9 of the Code. [Amended 7-17-2001 by Ord. No. 2001-16] C. Whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department find a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the foregoing Fire Department officials are authorized to provide for the removal of such vehicle to the nearest garage or to the storage area of any person, firm or corporation who has contracted with the city, as provided in S 165-9 of the Code. [Added 7-17-2001 by Ord. No. 2001-16] 9 168-4. 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 vandals or any other means will not be grounds to escape citation for illegal parking. 1-....._.11.._._.. _ __.J__ _______L __1 General Code E-Code: City of Ocoee, FL Page 3 of 5 On either side of a paved street that is less than 17 feet wide. The city's Street Department is responsible for posting the appropriate no-parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no-parking sign will not be grounds to escape citation. In a cul-de-sac that has a radius of less than 30 feet. 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 'ifehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked for more than 48 hours in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to ~ 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 ~ 165-9 of the Code. (13) (14) (15) 9168-4.1. Parking of commercial vehicles or buses on public property. A. The parking of commercial vehicles on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code Editor's Note: See ch, 180, Land Development Regulations. for the city. shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck or other vehicle having a rated capacity of over 1 1/2 tons. B. The parking of buses on public streets and road rights-of-way within any residential zoned district, including residential planned unit developments, as established by the Land Development Code for the city, shall be prohibited, except in designated bus parking areas approved by the city as part of a special exception or conditional use. For the purposes of this section, a "bus" is a vehicle designated specifically for the transportation of people for commercial purposes or transportation of students, both public and private. C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of any of the foregoing provisions of this section, the officer is authorized to take the following actions: (1) If the vehicle is occupied, to require the driver or other person in charge of the vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions of this section. (2) If the vehicle has been parked in violation of the foregoing provisions of this section for more than 48 hours and a warning sticker has been conspicuously placed on the vehicle for at least 48 hours pursuant to ~ 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 ~ 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 ~ 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 ~ 168- 5C of this Article, as of the date of the new violation, to provide for the removal of the vehicle without further notice to the nearest garage or the storage area of any person, firm or corporation who has contracted with the city as provided in ~ 165-9 of the Code. 9 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of S~ 168-3, 168-4 and 168- 4.1. B. The Fire Department, through the officials listed in ~ 168-3.1 C, shall also have the authority to enforce ~ 168-3.1 and issue citations for the violation of said 9 168-3.1 C. [Added 7-17-2001 by Ord. No. 2001-16] C. Any person violating any of the provisions of 9S 168-3, S 168-3.1, 168-4 and/or 168-4.1 shall be issued the L~_II________ __.J__ ________1___1 General Code E-Code: City of Ocoee, FL Page 4 of5 appropriate citation with the fine levied by the existing City Code. [Amended 7-17-2001 by Ord. No. 2001- 16 Editor's Note: This ordinance also redesignated former Subsections C and D as D and E, respectively. ] D. If the owner of the vehicle chooses to contest a parking citation, the owner may fill out the required form(s) at police headquarters, requesting a hearing in County Court. 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. 9168-6. 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, Editor's Note: See ch. 180, Land Development Regulations. except that this subsection shall not apply to the following: (a) Public school property. (b) Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. (c) Property which is zoned R-1, R-1-A, R-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 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 responsibility for the enforcement of this section upon all privately owned property within all residential zoned districts. 9 168-6.1. 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. 9 168-6.2. Load and weight limits on public roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for city maintained },ttn./IUTUJUl P_I'I"\r1P~ n-pT'lp1"",lf'"rl", "^"",,I"on~^1-.~~n,"l.._ ___I"')__u--' General Code E-Code: City of Ocoee, FL Page 5 of 5 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 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 approved by the Florida Department of Transportation. ARTICLE" Disposition of Infractions [Adopted 9-1-1987 as Ord. No.1 003] 9168-7. Adoption of provisions. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318 of the Florida Statutes, as amended and supplemented, is hereby adopted. hff1""\' / /"xrnrn.r Q.~"""r'\rlo~ rro.....'O'P"'l"Il ""r\~ ~ ".__ I..............._....t..._...._.. 1..._ _ ____ n_ 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 Oeoee State Road 50 Special Overlay Area and this Section, the decision of the City Commission shall be final. F. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an' applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement or. other agreement entered into with the City prior to the effective date of this Ordinance, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Ordinance; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof that such plan be revised so as to conform with this Section to the extent practical. ~ 5-4. OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS. The following requirements are intended to provide exceptions to or to qualify and supplement, as the case may be, the specific district regulations set forth in Article V: A. An open space or Jot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. Open eaves, comices, 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 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 Jot 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 fonn 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. 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 form a safe sight triangle on the area of the lot adjacent to the street intersections of minor and collector streets. The same distance for the intersection of any street with an arterial street as defined in the Comprehensive Plan shall be forty (40) feet. I. An attached or detached private garage which faces on a street shall not be located closer than twenty-five (25) feet to the street right-of-way. J. Open porches may extend into the rear yard in residential districts provided that: (1) The open porch does not cover more than thirty (30) percent of the rear yard; (2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50) percent; (3) The open porch is no closer than seven and one-half (7~) feet to the rear lot line and no closer than seven and one-half (7~) feet to either side lot line; and (4) The open porch does not extend into any utility, drainage or landscape easement or conservation area. 180.5.13 9-21-99 ARTICLE VI each three hundred (300) square feet of floor area above the first floor, excluding all rooms used for storage. (7) Wholesale and manufacturing: One space for each of the first twenty-five (25) employees of the major shift, plus one space for each one and one-half (1 1/2) additional employees of the major shift. (8) Uses not listed above: For all uses not covered in (a) through (h) above, the Planning and Zoning Commission shall make a recommendation and the City Commission shall determine the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. H. Off-Street Parking Lot Requirements. (1) All parking areas shall be surfaced with a hard, dustless materia', 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 tw~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 maneuvering areas shall be surfaced with a hard, dustless material, shall be properly drained and shall be designed with regard to pedestrian safety, and shall have direct access to a public street or alley. B. The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off- street loading berth shall have. minimum plan dimensions of twelve (12) feet by twenty-five (25) feet, and fourteen (14) feet overhead clearance, with adequate means for ingress and egress. The number of off-street loading requirements shall be as follows: (1) Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment or similar use which has an aggregate gross floor area of:c 180.6.18 Copy of Public Hearing Advertisement Date Published G4 Orlando Sentin~ THURSDAY, AUGUST 24.2006 . Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN . I AllENOMENTTO THE lAND DMLOPMENT CDDE NOTICE IS HEREBY GIVEN. pursu- ant to Subsection 166.04H3)(c) 2., Florida Statues. that on TUESDAY. SEPTEMBER 5.' 2006 and on TUESDAY. SEPTEMBER 19.2006 at 7:15 P.M. or as saon thereaf- ter as practical, the CITY OF DCDEE CI1Y CDMMISSION will tool!! P"lIUC HEARINGS at the City of Ocoee Commission Chambers. 150 North Lake- shore Drive, Ocoee. Florido. to adopt the fol.lowlng Ordi- nonce:" '. ORDINNoiCENO: 2Oll6-llX AN ORDINANCE OF. THE CITY OF OCOEE, ROalDlI RELATING TO RESIDENTIAL YARD.. ISSUES; AMENDING SECTION, B8-4lAI OF THE .CITY CODLBY-IDDINIi' A NEW SUBSECTION '16 PRDHIBIT. ING THE PARKING OF VEHICLES IN CERTAIN GRASSED ORLAN.D. SCAPED PORTIONS Of . ROllD- WAYS: AMENDING SECTIDN 168-6 OF THE CITY CDDE RELATING TO PARKING ON PRIVAn AND PUB. L1C PROPERTY BY EXPANDING THE LIST OF VEHICLES PROHIBITED FROM PARKING ON PRIVAn AND PUBLIC PROPEm; AMENDING POmONS OF SECTlDN 5-4 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOPMENT CODE) RE- LATING TO OPEN SPACE, SET- BACKS AND FENCES; ADDING A NEW SECTION 5....1 OF CHAPTER 180 OF THE CITY CODE (LAND DE- VELOPMENT CODE) RELATING TO THE GRAND FATHERING OF FENCES ERECTED PRIOR TO JANUARY 1. 2000; AMENDING SECTION 6- 4lGM11 OF CHAPTER 180 OF THE CITY CODE llAND DEVELOPMENT CODE) BY ADDING A PROVISION RELATING TO. PARIONG REQUIRE- MENTS ASSOCIATED WITH THE CONVERSION OF PRIVATE GARAG- ES TO LIVING OR STORAGE AREA; AMENDING SECTION 6-4(HI OF CHAPnR 180 OF THE CITY CODE lLAND DEVELOPMENT CODEI RE. LATlNG TO OFF-STREET PARKING LOT REQUIREMENTS. THE PARK- ING OF VEHICLES IN FRONT YARDS AND THE PARKING OF RECRE. ATlONAL VEHICLES. BOATS AND CAMPING VEHICLES IN FRONT YAROS; ADOPTING A NEW SEC- TION 6-16 OF CHAPTER 180 OF THE CITY CODE (LAND DEVELOp. MENT CODE) RELATING TO THE PLACEMENT Of CERTAIN EQUIP. MENT ON RESIDENTIAL CDRNER LOTS' PROVIDING FOR SEVERABIL. ITY; 'PROVIDING FOR CODIFICA. TlON; PROVIDING AN EFFECTIVE DAn. I nterested parties may op. I pear 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 Divi- sion located at 150 North Lakeshore Dtlve.Ocoee, Florida between the hours lof 8:00 a.m. and 5:.00p.m" Monday through Friday, ex- cept legal holidays,. The Cllli' Commission 'may continue the public hearings to other dates and times. as It deems necessarY.AnY'in_ terested party shall be lid- vised of the dates. times. and places of any continua- tion of these Or continued publh: hearings. Any contin- uances shall be announced during. these. hearings and no f.udt1er notices regarding these, matters. will be pub- lished... ....... .:" You are advised' that any person who. desires to ap- peal any decision made at the public hearings will need a record of the pro- , ceedings IInd for this pur- Pose may need to ensure that a verbatim record of the proceedings is made which includes the testlmo. ny and evidence upon which the aPpeal Is based. Persons with disabilities I needing assistance to partic. ipate in any of these pro- Ceedings should contact the City Clerk's Office 48 hours ~7~~~firs~f the meeting at '8ettrEikenberrr,-CJty Clerk ThurSday, August 24, 2006 ~cr& Thursday. September 7, OLS6949676 8/24. 9n. 2006