§ 72-282. Fences, walls and hedges.  


Latest version.
  • Fences, walls and hedges may be permitted in any yard area, provided:

    (1)

    Fences, walls and hedges, except those with an opacity of 25 percent or less erected to meet the requirements of the Florida Building Code, as amended, shall not exceed three feet in height when erected on an atypical lot rearward of the rearmost point of the principal structure as defined by the required yard area. Fences, walls and hedges in all other rear and side yards shall not exceed six feet in height.

    (2)

    Except as provided in subsection 72-284(2), fences, walls or hedges in a front yard shall not exceed four feet in height; however, on corner lots also refer to subsection 72-277(3) for obstruction to visibility.

    (3)

    Retaining walls or retaining walls with fences on top shall not exceed the above height limitations measured from existing grade on both sides of the wall, except a guardrail or fence with a opacity of 25 percent or less erected to meet the minimum safety requirements of the Florida Building Code.

    (4)

    Nonresidential areas: A nonresidential fence, wall, or hedge may be a maximum height of eight feet around the perimeter of the project if the fence does not interfere with vehicle visibility requirements at traffic access points as set forth in subsection 72-277(3). If chain link fencing is used, then it shall be vinyl-coated black and all parts must match. For public utility uses and structures, a minimum fence height of six feet is required.

    (5)

    This section shall not be applied to any agricultural, conservation or public use classifications.

    (6)

    Prohibited fencing. Except for public utility uses and structures, barbwire or electric fences are prohibited in the R-1 through R-9, OCV, OMV, OTC, OUR, SWC, SWR, and MH-1, MH-2, MH-5, MH-6 and MH-7 classifications.

    (7)

    Fences and fence walls must be constructed of conventional and traditional materials, including, but not limited to, concrete block, brick, wood, decorative aluminum, iron or steel, chain link or composite products manufactured specifically for fences and walls. Nontraditional materials, including, but not limited to tires, mufflers, hubcaps, are prohibited. Fabric sheets nets, plastic, metal, vinyl sheets or slats may be used as part of the fence or attached to a fence for the purpose of enhancing privacy or required screening.

    (8)

    Fences and walls must be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Where, there is an existing fence, wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively waived upon written request at the discretion of the zoning enforcement official.

    (9)

    Residential project walls.

    a.

    Definition: For the purposes of this section, a residential project fence means a wall or fence erected around a residential subdivision (excluding individual lots) or development of 20 or more dwelling units.

    b.

    A residential project or entry fence:

    1.

    May be a maximum height of six feet around the perimeter of the project upon a finding by the traffic engineer that the fence does not interfere with vehicle visibility requirements (see subsection 72-277(3)) at traffic access points.

    2.

    May include entryway structures, including but not limited to walls, columns, lighting and other decorative elements used to defined entrances to single-family or multifamily developments at a height not to exceed twice the fence or wall height allowed provided the features are compatible with the project. Entryway structures proposed at a greater height shall be subject to specific review and approval of the zoning enforcement official as part of the applicable land development review process. Entryway structures must be located outside of any required landscape buffer area.

    3.

    Must be landscaped on the exterior side (between the wall and the abutting property or street right-of-way) according to section 72-284 of this article. Trees adjacent to a right-of-way must be appropriately sized to avoid conflicts with overhead utilities, lighting and signs upon maturity.

    4.

    May not be permitted until proper documents have been recorded providing for the maintenance of the project fence and landscaping.

    (10)

    Method of measurement. In the event that a fence or wall is located at a common property line with varying elevations, the height shall be measured from the existing natural grade, as measured along the outside of the required yard area. A ground clearance of two inches may be factored in to fence height calculations.

(Ord. No. 81-39, §§ XXXVI—XXXVIII, 11-19-81; Ord. No. 84-1, § XLV, 3-8-84; Ord. No. 90-34, § 52, 9-27-90; Ord. No. 94-4, § LVIII, 5-5-94; Ord. No. 98-25, §§ IX, X, 12-17-98; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2012-06, § III, 5-3-12; Ord. No. 2013-20, § III, 12-12-13; Ord. No. 2018-05, § IV, 1-18-18; Ord. No. 2018-04, § III, 4-17-18)