Walls and fences are allowed in all zoning districts within all required yards and shall be regulated as follows:
A. Location and Height. Walls and fences shall only be erected on the lot of the applicant and not protrude or extend outside the property line or into a public right-of-way. The maximum height of walls and fences shall be eight (8) feet, except as described below:
1. Single-family and Two-family Residential Districts. Walls and fences shall be a maximum of four (4) feet in height where located within front and corner side corner yards of single-family or duplex dwelling units.
However, the four (4)-foot height limitation may not apply under the following instances:
a. Corner Side Yard of Corner Lots. Within the corner side yard of a corner lot that abuts and shares a common rear property line with another corner lot.
The front yard of each corner lot must be located on a separate street, opposite and/or parallel from each other. Walls and fences shall be setback at least two (2) feet from the side corner property line in order to accommodate its footer and a continuous hedge, which shall be maintained a minimum one-half (½) the height of the wall or fence. The hedge shall be located on the street-side of the wall or fence and must be appropriately maintained.
b. Rear Yard of Through-Lots. On through-lots with double frontages, walls and fences may be erected at the regulated height for rear yards provided that a provision is made for a hedge along the street-side of the wall or fence. Walls and fences shall be setback at least two (2) feet from the side corner property line in order to accommodate its footer and a continuous hedge, which shall be maintained a minimum one-half (½) the height of the wall or fence. The hedge shall be located on the street-side of the wall or fence and must be appropriately maintained.
2. Multi-family and Townhouse Developments. Walls and fences shall be a maximum of six (6) feet in height where located within landscape strips abutting rights-of-way on all developments that have less than four hundred (400) feet of frontage on typical city streets. However, the maximum height of walls and fences (located within the landscape strip abutting rights-of-way) may be increased to eight (8) feet when in compliance with the following:
a. The street frontage of the development is at least four hundred (400) feet in length;
b. The development has no more than one (1) parking lot driveway opening or access point along such street frontage;
c. Walls and fences shall be setback at least two (2) feet from the property line along such street frontage, in order to accommodate its footer and a continuous hedge, which shall be maintained a minimum one-half (½) the height of the wall or fence. The hedge shall be located on the street-side of the wall or fence and must be appropriately maintained.
3. Low Voltage Security Fencing in Industrial Districts. Low voltage security fencing, as provided for in Section 2.I. below, may be placed on a perimeter fence, not to exceed the perimeter fence height by more than two (2) feet.
B. Cross-Visibility and Safe Sight.
1. General.
a. Purpose and Intent. The purpose of this subsection is to promote safety in the use of opaque walls and fences where in close proximity to rights-of-way, off-street parking areas, and other vehicular use areas. The intent is to ensure safe and unobstructed views for both pedestrians and motorists.
b. Administration. The City Engineer or designee shall coordinate, interpret, and administer this subsection.
2. Visibility at Driveway Openings. The "safe-sight triangle" is the triangular-shaped area described by the Engineering Design Handbook and Construction Standards (EDHCS). Unobstructed cross-visibility shall be maintained in the safe-sight triangle where parking lot driveway openings and access points occur along rights-of-way or between individual properties. Walls and fences are allowed within the safe-sight triangle provided that unobstructed cross-visibility is maintained thirty (30) inches above the pavement, measured from the abutting right-of-way or cross-access drive, whichever is applicable. The City Engineer shall determine the appropriate size and location of each safe-sight triangle in accordance with the EDHCS.
3. Visibility at Corners of Rights-of-Way. Opaque walls and fences shall comply with cross-visibility standards pursuant to Chapter 4, Article VIII, Section 3.C.4.u.
4. Visibility along State Roads. The placement of a wall or fence shall not cause any line-of-sight obstruction and must comply with the visibility requirements of Florida Department of Transportation (FDOT) Standard Index No. 546 or the latest supplement thereof.
5. Visibility in Front and Side Corner Yards. Unobstructed cross-visibility shall be maintained within the front and side corner yards of single-family and duplex residential lots in accordance with Chapter 3, Article II, Section 6.
C. Design . Walls and fences shall be symmetrical in appearance with columns and posts conforming to a definite pattern and size of uniform design and separation. The wall or fence shall be kept in good repair and be continuously maintained in its original appearance. All walls and fences shall be erected with the finished side facing adjacent properties. The face of any fence or wall visible to the public shall also be finished.
The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material. See Chapter 4, Article III, Section 3.E. for additional standards regarding the appearance of walls and fences.
D. Dangerous Materials. Walls and fences shall not contain any substance such as broken glass, spikes, nails, or razors that are designed to inflict discomfort, pain or injury to a person or animal, except where located around industrial uses in the PID or M-1 districts. In these instances, they may be topped off with no more than three (3) strands of barbed-wire, provided that they are not visible from a road right-of-way. Fences shall not be electrified, except as provided for in Section 2.I. below.
E. Attachments. Gates, gateposts, lights, and/or other decorative features, which are attached to a wall or fence, shall not exceed the height of said wall or fence by more than two (2) feet. In addition, these attachments, excluding gates, shall not exceed an area of three (3)-feet in any horizontal direction. No more than eighty percent (80%) of the length of a decorative gate may exceed the height of the wall or fence.
Arbors and trellises intended for pedestrian walkways are not included within this height limitation and are regulated differently in accordance with Chapter 3, Article V, Section 3.F.
F. Construction Sites. Temporary security and safety fencing, which may be required around construction sites in accordance with the Florida Building Code, shall not exceed six (6) feet in height and must comply with cross-visibility and safe-sight standards pursuant to Chapter 4, Article VIII, Section 3.C.4.u. and the EDHCS. Such fencing shall be approved in conjunction with the building permit(s) and must be removed prior to issuance of a certificate of occupancy or certificate of completion. Any signage placed on the temporary security fencing shall comply with Chapter 4, Article IV, Section 3.B.3. However, the screening material allowed in the Sign Code shall not conflict with the original intent for said fencing, mesh, and related materials, which is to offer protection from dust, debris, and other airborne particulate matter.
G. Easements. Walls and fences cannot abridge any easement rights without approval from the affected utility company and/or the city. See Chapter 4, Article II, Section 3.A.10.c. for additional regulations regarding buffer walls and easements.
H. Buffer Walls.
1. Definition. See Chapter 1, Article II for the definition of a buffer wall.
2. Where Required. See Chapter 4, Article II, Section 4.B.3. and Chapter 4, Article II, Section 4.C.3. for additional regulations regarding buffer walls and the requirement for them to be located within perimeter landscape buffers and barriers.
3. Timing. Construction of a buffer wall shall be completed prior to the issuance of a certificate of occupancy for the building or buildings sought to be built in connection therewith.
I. Low Voltage Security Fencing. The construction and use of electric fences shall be allowed in the city only as provided in this section, subject to the following standards:
1. IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335-2-76.
2. Electrification.
a. The energizer for electric fences must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.
b. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
3. Perimeter Fence or Wall.
a. No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six (6) feet in height.
b. The separation between the non-electrified perimeter fence and the electrified fence shall be one (1) foot.
4. Location. Electric fences shall be permitted on any property zoned M-1, or PID if on a parcel that allows industrial uses according to the corresponding Master Plan, and must be occupied by a business that has an active business tax certificate.
5. Warning Signs. Electric fences shall be clearly identified with warning signs that are three (3) square feet in size and that read: "Warning - Electric Fence". The letters on the sign shall be a minimum of six (6) inches in height, and the signs shall be spaced no greater than forty (40) feet apart, mounted on the fence at least five (5) feet above finished grade. The signs shall be written in English, Spanish and Creole.
6. Permitting. Electric fences shall be governed and regulated under burglar alarm regulations of City Code of Ordinances Part II, Chapter 2.5, Alarm Systems, and permitted as such.
7. Emergency Shut-off. An emergency shut-off switch shall be accessible to all emergency personnel to allow for necessary access. Control and access shall be of a type, location, and marking specified and approved by the Police Chief and Fire Marshal.
8. Miscellaneous. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12)