Ordinance 2006-014
ORDINANCE NO. 2006-014
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ILLEGAL NON-CONFORMING SITES
AND STRUCTURES; ADDING A NEW SECTION 4-11 TO
THE OCOEE LAND DEVELOPMENT CODE, CHAPTER
180 OF THE CODE ORDINANCES OF THE CITY OF
OCOEE, FLORIDA; REQUIRING OWNERS TO BRING
ILLEGAL NON-CONFORMING SITES AND
STRUCTURES INTO COMPLIANCE WITH THE LAND
DEVELOPMENT CODE, PREVIOUSLY APPROVED
SUBDIVISION AND/OR SITE PLANS AND PREVIOUSLY
APPROVED DEVELOPMENT AND/OR ANNEXATION
AGREEMENTS; REQUIRING PRE-APPLICATION
CONFERENCES; REQUIRING REVISED SUBDIVISION
AND/OR SITE PLANS; REQUIRING AMENDMENTS TO
DEVELOPMENT AND/OR ANNEXATION AGREEMENTS;
PROVIDING A PROCEDURE FOR WAIVERS;
PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; 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.
Authoritv. The City Commission of the City of Ocoee
has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
SECTION 2.
New Section 4-11. A new Section 4-11 of Article IV of
Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as
follows:
~ 4-11 Illegal Non-Conforming Sites and Structures
A. Intent.
The intent of this Section is to ensure that property within the City remains in conformity with
the Land Development Code after a conveyance or transfer of any part of such property (whether
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by fee title or an easement interest) to a governmental or quasi-governmental entity places it in
non-compliance with the Land Development Code and/or its approved subdivision and/or site
plan(s), and/or developer or annexation agreements with the City.
B. Taking or Conveyance ofPropertv Making Property Non-Conforming.
1. Notwithstanding any provision of Section 5-10 of this Land Development Code to
the contrary, whenever any interest in real property is conveyed or transferred
(whether by a fee title conveyance or by the granting of an easement interest) to a
governmental or quasi-governmental entity, by final judgment in a condemnation
action, deed under threat of condemnation, voluntary conveyance, easement
(whether voluntary or under threat of condemnation) or otherwise (collectively, a
"Conveyance"), and the Conveyance places the remaining portion of property in
non-conformity with the Land Development Code and/or its approved subdivision
and/or site planes) and/or any developer or annexation agreements with the City,
then such remaining portion of the property and the improvements located thereon
shall thereafter be an illegal non-conforming site and/or structure.
2. Within ninety (90) days from the date of the Conveyance, the owner of the
remaining portion of the Property must hold a pre-application conference with the
Director of Community Development, or his designee, to discuss the actions
necessary to bring the remaining portion of the Property into compliance with the
Land Development Code and/or the property's approved subdivision and/or site
planes) and/or developer or annexation agreements with the City. Within one
hundred eighty (180) days from the date of the Conveyance, the owner of the
remaining portion of the property must submit to the City revised subdivision
and/or site planes) and/or proposed amendments to any developer or annexation
agreement with the City, such submittal accounting for the Conveyance, and
which brings the remaining property into compliance with all requirements of the
Land Development Code, including but not limited to, any applicable landscape
buffers, landscaping requirements, signage requirements and parking
requirements. The foregoing shall be submitted to the City along with an
application for an amendment to the subdivision and/or site planes) for the
property and/or, if applicable, an amendment to any developer or annexation
agreements affecting the property. Following submittal of such application, the
owner must continue in good faith with the processing of the application and the
resubmitted subdivision and/or site planes) and/or amendments to any developer
or annexation agreements and respond to City Staff comments within 30 days of
receipt thereof.
3. Following approval by the City of the resubmitted subdivision and/or site planes)
and/or amended developer or annexation agreements, the owner must proceed in
good faith to bring the real property and the improvements located thereon into
compliance with any such revised subdivision and/or site planes) and/or amended
developer or annexation agreements. The City may require a specific timeline for
completion of the site improvements required by any such revised subdivision
and/or site planes) and/or amended developer or annexation agreements.
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Following completion of the site improvements required by any such revised
subdivision and/or site planes) and/or amended developer or annexation
agreements, the real property affected thereby shall thereafter be deemed to be
conforming as it relates to the matters addressed in any such revised subdivision
and/or site planes) and/or amended developer or annexation agreements.
4. The City may, at its option, require a development agreement in connection with
the approval of any such revised subdivision and/or site planes) and/or require an
amendment to any existing developer or annexation agreements. Any new
agreements or amendments to an existing developer or annexation agreement
must be approved by the City Commission and be executed by the Mayor and
City Clerk.
5. All review procedures and requirements for subdivision and site plans and
annexation and development agreements contained elsewhere in the Land
Development Code will apply to revised subdivision and/or site planes) submitted
and to the amended developer or annexation agreements pursuant to this Section,
except that no public hearings will be required.
C. Waivers.
1. If, because of the Conveyance, bringing the remaining portion of
the property into conformity with the Land Development Code and/or the
approved subdivision and/or site planes) and/or any developer or annexation
agreements would place an unreasonable burden on the property owner, then the
property owner may seek applicable waivers from the Land Development Code as
part of the resubmitted subdivision and/or site plan(s) and/or proposed
amendment to the developer or annexation agreement. In determining whether
bringing a particular parcel of property into conformity with the Land
Development Code and/or the approved subdivision and/or site planes) and/or the
approved developer or annexation agreements would place an unreasonable
burden on the property owner, then the City may consider the following factors:
a. Physical constraints imposed based on the size, shape, or usable area of
the remaining portion of the property and existing structures located
thereon.
b. Safety concerns that would be created by strict adherence to the Land
Development Code.
c. Factors and circumstances which would preclude the continued use of the
remaining portion of the property with the uses actually occurring on the
property immediately prior to the Conveyance.
2. In connection with approval of any such revised subdivision and/or
site plans( s) that are not otherwise required to go before the City Commission for
approval, the Director of Community Development may grant waivers from the
provisions of the Land Development Code upon finding that an unreasonable
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burden would otherwise be placed on the property owner; provided, however, that
any waiver requiring a developer agreement or amending an existing developer or
annexation agreement will require approval by the City Commission. Any denial
of a waiver request by the Director of Community Development may be appealed
to the City Commission within thirty (30) days from the date if the denial of any
such waiver request.
D. Actions Taken Prior to Conveyance.
1. Prior to the Conveyance, the property owner may, at its option, (i) hold the
above referenced pre-application conference and submit such application
and revised subdivision and/or site planes) and/or proposed amendments to
any developer or annexation agreements, (ii) apply for waivers as set
forth in Subsection C above, and (iii) obtain approvals pursuant to such
application in order to address the conditions which will exist after the
Conveyance.
2. At any time prior to the Conveyance (including but not limited to prior to
the making of a written offer to a property owner), the condemning
authority may apply to the Director of Community Development for a
written non-binding determination that one or more specific "cure plans"
proposed by the condemning authority is likely to satisfy the requirements
of this Section. Prior to submitting any such application the condemning
authority shall hold a pre-application conference with the Director of
Community Development or his designee. Following such pre-application
conference the condemning authority may submit an application for such
non-binding determination, which application will include the information
requested by the Director of Community Development, or his designee, at
the pre-application conference. Any such cure plan shall show the
existing condition of the affected property and the proposed condition of
the affected property following the Conveyance and completion of the site
improvements proposed by the cure plan. The City will waive all
application fees and Review Costs in connection with any such application
by a condemning authority.
3. The issuance of a non-binding determination as set forth above shall not
act to preclude the Director of Community Development or the City
Commission from approving an application from the property owner
which differs from the cure plan addressed in the non-binding
determination, it being recognized that there may be more than one
alternative approach to cure the affects of the Conveyance which bring the
affected property into conformity with the City Code.
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E. Fees.
1. The property owner submitting such application and revised
subdivision and/or site planes) and/or proposed amendment to the developer or
annexation agreement shall be responsible for all Review Costs (as same are
defined in Section 1-12 of the Land Development Code) associated with the
submittal of the application and the revised subdivision and/or site planes) and/or
proposed amendment to the developer or annexation agreement and review
thereof by the City. The normal Flat Fees for applications shall be waived by the
City.
2. No Review Deposits shall be required In connection with any applications
required by this Section.
3. The property owner may elect to defer the payment of any Review Costs until
receipt of any compensation received from a governmental or quasi-governmental
entity in connection with any Conveyance.
F. Enforcement.
The City may enforce violations of this Section by way of Code Enforcement Board action,
revoking any certificates of occupancy related to the property, and/or all other remedies available
in law or equity. Prior to enforcing a violation of this Section, the City shall provide written
notice of such violation to the property owner and a 30-day period to cure such violation.
SECTION 3.
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 4.
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
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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.
SECTION 5.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ZrP'"day of June, 2006.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
~
I
(SEAL)
ADVERTISED ~ Jl> ...::r ll""<{, 2006
READ FIRST TI ~, 2006
READ SECOND TIME AND ADOPTED
.~~ 20 ,2006
UND AGENDA ITEM NO. \)-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
thisdU day of June, 2006.
FOLEY & LARDNER LLP
By: fJ( I4JtJ
City Attorney
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