2022-13 Amending LDC for Fences ORDINANCE NO. 2022-13
(LDC Update for Fences)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE V, SECTION 5-
4.1 FENCES RELATING TO DESIGN REQUIREMENTS FOR CORNER
LOTS AND LOTS WITH MULTIPLE FRONTAGES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority,
police power, land development and zoning authority, and governmental and proprietary powers
necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, the City recognizes that property owners wish to utilize more yard space for
personal use and desires to grant property owners greater ability to enclose more lot area in a
manner that maintains vehicular and pedestrian safety; and
WHEREAS, the City recognizes that clarification and additional provisions are needed
relative to fence requirements for corner lots and lots with multiple roadway frontages; and
WHEREAS, on June 14, 2022, the Planning and Zoning Commission, acting as the
Local Planning Agency, held an advertised and publicly noticed public hearing and
recommended approval of an amendment proposed by staff to revise Section 5-4.1 of the City
of Ocoee Land Development Code ("LDC") to clarify the fence requirements for corner lots and
lots with multiple roadway frontages; and
WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and welfare of
the public; and
WHEREAS, following advertisement and duly noticed public hearing on the Ordinance
on Tuesday, August 16, 2022, the Ocoee City Commission approved the amendments to Article
V, Section 5-4.1 of the LDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed
as true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
163 and 166, Florida Statutes.
SECTION 3. AMENDMENT OF THE LDC. Section 5-4.1 of Article V of the City of
Ocoee Land Development Code is hereby amended to read as depicted in Exhibit "A" with
underlines representing additions and strike-throughs representing deletions.
SECTION 4. CONFLICT, All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
SECTION 5. 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 6. CODIFICATION. It is the intention of the Ocoee City Commission that
the provisions stated in 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 re-lettered
and the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or
re-lettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon passage and adoption.
6.c&'
PASSED AND ADOPTED this / ‘/day of , 2022.
[Space intentionally blank]
•
-2-
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
1/1A lif/A4
Melanie Sibbitt, City Clerk Rusty JoFrn, Mayor
(SEAL)
ADVERTISED /4y#,J-74 , 2022
READ FIRST TIME , 2022.
READ SECOND TIME ATJD ADOPTED
"4t1.57` , 2022.
UNDER AGEKDA ITEM NO. /5
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this 104* day of A-L.,&tis-r , 2022.
SHUFFIELD LOWMAN &WILSON, P.A.
By:
Cit 71111-r
-3-
EXHIBIT "A"
Changes are hereby made bo Section 5-4.1 as follows, with underline representing additions
and strike-through representing deletions:
ARTICLE V
***
§ G-4.1. FENCES.
A. Fences erected within the City of Ocoee prior to January 1, 2000, shall be considered to
be grandfathered as legal nonconforming structures. It is the burden of the property
oVvD2r 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 end/or replaced in the location they were constructed in, except that
safe sight triangles on corner lots must be maintained for all replacement fences.
B. 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 vva|| or fence located in front of the
front building line shall exceed four (4) feet in height and be no more than fifty (50)
percent opaque.
&C. -00 other wall or fence shall exceed six /6\ feet in height, and all fences rnUsf
have up to a two-inch variable setback from adjacent property line, so as to not
encroach on neighboring property.
O.Corner lots:
I\ -in cases where: /1\ two /2\ corner lots adjoin at the end of a block (2) the single-
family dwelling units are designed rear-to-rear, and (3)there are no garage or main
entry doorways exiting to the side street front yard, then in such cases fences
greater than four /4\ feet in height and no more than six /6\ feet in height shall be
allowed within the side SinBet front yard as long as a nlin)DlUrD setback of fifteen
five /5\ /15\ feet or any easement area, whichever isgreater, is maintained from
the property line and the fence extends along no more than one-half(Y2)the depth
of the house.
2\ In cases where (l) two /2\ corner lots adjoin at the end of block and the single-
family dwelling units are designed rear-to-SideO[ (2) where 8 corner lot adjoins an
interior |o1, no xva|| or fence shall be located in front of the front building line.
VVa||s or fences no greater than four /4\ feet in height and no more than fifty /50\
percent opaque may ba permitted within any yard.
445\ In the case of through-lot, double-frontage lot or single lot where the lot is
surrounded on three (3) or more sides by a street, the hierarchy of the roadway
functional classification, presence of sidewalks, location of existing vva||s and
-4-
fences along adjacent streets and orientation of existing driveways along each
street shall determine fence location and setbacks. In all instances, prior to
approval, mechanisms or measures shall be put in place to ensure vehicular and
pedestrian safety.
-5-