§ 21-68. Fences, walls, berms and hedges.

(a)

Permitting. All walls and permanent fences over six (6) feet in height shall require a permit from the City. Applications for a permit shall include a plan which details the proposed wall or fence, including location in relation to property lines and easements, height, as well as any other information deemed necessary by the City for reviewing the application. Walls and fences over six (6) feet in height shall be designed and constructed to withstand a maximum sustained wind speed and a maximum wind gust as regulated by applicable sections of the Florida State Building Code, as amended.

(b)

No fence, wall, or hedge shall be constructed or planted in any right-of-way, except as may be placed as part of a public highway safety or beautification project.

(c)

In residential, OP, C-1, and C-2 zoning districts, no fence or wall above forty-eight (48) inches (four (4) feet) in height shall be allowed in front yards. Fences located in a side yard that abuts a street shall be permitted to a height of six (6) feet from the rear property line to a point parallel to the front building line of the principal structure. The following uses shall be exempt from the above requirements:

(1)

Utility and power substations;

(2)

Water and wastewater facilities;

(3)

Public swimming facilities;

(4)

Stormwater retention ponds.

(d)

No fences shall be installed, constructed or erected without complying with the following regulations:

(1)

Fences shall be a maximum of eight (8) feet in height in front, rear, and side yards in C-3, C-4, I-1 and I-2 zoning districts.

(2)

Fences located in any residential district, or in an OP, C-1, or C-2 zoning district, shall be a maximum height of six (6) feet in the rear yard and in the side yard from the rear property line to the front of the principal building.

(3)

Fences placed on property that is located in an office, commercial, or industrial zoning district, and is presently being utilized for residential purposes, shall have a maximum fence height of six (6) feet in the front, rear, and side yards.

(4)

Fences must be constructed of new materials designed for that purpose or aged for proper architectural effect. Fences having a side with exposed or irregular structural components, and a more finished, uniform and aesthetically attractive side, shall be constructed and installed so that the more finished side faces outward from the fences' property toward the adjoining property.

(5)

Except for fences in the C-3, C-4, I-1 and I-2 zoning districts, no fence shall contain any substance designed or reasonably likely to inflict injury to any person or animal, including, but not limited to, razor or barbed wire, glass or electrically charged wire. In C-3, C-4, I-1 and I-2 zoning districts, three (3) strands of barbed wire may be used on top of a six-foot fence. Barbed wire may also be used in agricultural districts.

(6)

In addition to the above requirement, all fences shall comply with article II, section 21-328 [sic], fencing requirements for swimming pools, and any other City ordinances or applicable building code requirements related to fencing.

(7)

Notwithstanding the provisions of this section, the use of security fencing may be used at sites, such as electrical substations and communications facilities, where such fencing is required by federal, state or local law, or other sections of this Code. Further, temporary security fencing may be utilized for construction sites while a permit for the work is active for the construction site. All temporary fences shall be removed prior to the issuance of a certificate of occupancy.

(e)

The Development Special Magistrate may, upon specific approval, grant a variance to the above height limitations if a valid circumstance exists such as the character of the neighborhood, slope or terrain, architectural necessity, or a residentially zoned lot abutting a commercial establishment.

(f)

The property owner shall maintain any fence to its original designed condition. Missing boards, pickets, posts, gates, etc. shall be replaced in a timely manner with material of the same type, quality, and finish as the existing fence.

(g)

Single-family subdivisions may have decorative subdivision screening walls. The wall height shall be no greater than six (6) feet in height and the poles/columns shall be no greater than eight (8) feet in height provided all of the following criteria are met:

(1)

The wall shall be constructed of brick, stucco, split-face block, wrought iron, wood, stone, or a combination thereof. Synthetic materials made to appear as one (1) of the approved materials may be substituted, as approved by the community development director or his/her designee.

(2)

The total design and construction of the wall including, but not limited to, overall configuration, articulation, material, and color, shall be in such a manner that is residential in character and in keeping with established Central Florida architecture. In connection with such character, all masonry materials (brick, block, stucco, stone) or related simulated materials shall be finished with a warm, earth-tone color, such as brown, beige, or gray.

(3)

The wall shall be installed a minimum setback of five (5) feet from the property line.

(4)

No portion of the wall shall be located within any easement.

(5)

Landscaping (combination of trees and shrubbery) shall be installed within the setback area. One (1) tree shall be planted for each fifty (50) linear feet.

(6)

Ground cover and irrigation shall be provided.

(h)

The use of berms for screening and buffering in place of a wall or fence is encouraged. Berms provide a natural, more aesthetically pleasing form of screening between differing land uses. The following design criteria shall apply to all new berms constructed in the City:

(1)

Berms shall not exceed five (5) feet in height. Berms over two (2) feet in height are required to remain outside of any visibility triangle as defined by section 21-126.

(2)

No berm shall have a slope greater than twenty-five (25) percent.

(3)

All berms shall be planted with grass or other approved ground covers to ensure stability and prevent erosion.

(4)

Continuous berms greater than two hundred fifty (250) feet in length shall be interrupted, at a minimum, every two hundred fifty (250) feet by twenty-five (25) feet of landscaping, wall, or fence.

(5)

No portion of a berm shall be permitted to encroach onto a public or private right-of-way. Berms shall not be located over underground utility facilities.

(Ord. No. O-00-09, Art. 2 (2.03.08), 4-24-00; Ord. No. O-00-19, § 3(I), 7-10-00; Ord. No. O-01-09, § 1, 3-12-01; Ord. No. O-01-41, § 1, 7-23-01; Ord. No. O-04-75, § 1, 1-10-05; Ord. No. O-09-09, §§ 1—3, 3-9-09; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12; Ord. No. O-16-09 , § 1 (exh. A), 5-31-16)