Limitations and restrictions. Fences and walls hereafter constructed, reconstructed, or altered, shall meet the following requirements:
(1) Zoning requirements.
Zoning District | Allowed | Minimum Requirement |
Zoning District | Allowed | Minimum Requirement |
1-RS | Fence, Hedge, Wall | None |
2-RS | Fence, Hedge, Wall | None |
3-RS | Fence, Hedge, Wall | None |
4-RM | Fence, Wall | Fence or Wall upon criteria listed in 7A-53(11) (separating residential property) |
5-RMO | Fence, Wall | Fence or Wall upon criteria listed in 7A-53(11) (separating residential property) |
6-B | Wall | Wall (separating all commercial uses from residential property) |
7-C | Wall | Wall (separating all commercial uses from residential property) |
8-B | Fence, Wall | Fence (separating residential zoning districts [1-RS, 2-RS, 3-RS] when the 8-B property is used for multi-family residential use) Fence or Wall (separating zoning districts [1-RS, 2-RS, 3-RS] when a special exception has been granted for the 8-B property) |
(2) Fence/wall height - all zoning districts except as otherwise provided.
a. Fences/walls on rear property lines may be erected up to a maximum height of six (6) feet.
b. Fences/walls on interior side lot lines may be erected up to a maximum height of six (6)feet from the rear property line up to the front building line.
c. Portions of fences/walls that extend beyond the front building line may be erected up to a maximum height of four (4) feet, except that on residentially zoned lots abutting State Road A1A and Oak Street south of Ocean Avenue fences/walls that extend beyond the front building line may be erected up to a maximum height of six (6) feet. For any fence/wall installed on any lot beyond the front building line on or after March 16, 2023, any portion of the fence/wall running parallel to any right-of-way frontage shall have no less than four (4) feet of vegetation planted on the right-of-way side of the fence/wall.
d. Fences/walls on corner side lot lines may be erected up to a maximum height of six (6) feet from the rear property line up to the front building line.
e. Portions of fences/walls on corner side lot lines that extend beyond the front building line may be erected up to a maximum height of four (4) feet, except that on residentially zoned lots abutting State Road A1A and Oak Street south of Ocean Avenue fences/walls that extend beyond the front building line may be erected up to a maximum height of six (6) feet. For any fence/wall installed on any lot beyond the front building line on or after March 16, 2023, any portion of the fence/wall running parallel to any right-of-way frontage shall have no less than four (4) feet of vegetation planted on the right-of-way side of the fence/wall. Any fence/wall installed on any corner side lots that extend beyond the front building line must meet the sight triangular clearance requirements of § 7A-53(4) and § 7A-58 as may be amended.
f. Chain link fences, to a maximum height of ten (10) feet, may be erected around tennis courts. The fences may be erected on the property line, behind the front building line, or on the rear property line, if the fence does not encroach upon any easements, rights-of-way, or similar encumbrances.
g. Ornamental entrances, fountains, plant containers, and similar architectural features exceeding the wall height restriction will be permitted, provided that:
i. No such feature shall exceed in height the wall height restriction for that district plus one (1) foot;
ii. There shall be only one such feature in any front, side or rear yard, except that there may be two (2) entrance gates; and
iii. Entrance gates must be designed such that they do not encroach into any right-of-way.
(3) Fence/wall height measurement. The required fence/wall height is measured from the finished grade of the land where the fence/wall is located prior to berming or placement of fill in excess of that required by the Code of Ordinances, to the highest point of the fence/wall, including posts and ornamental and architectural features. A survey prepared by a licensed Florida mapper and surveyor with reference elevations shall be submitted with all wall and fence permit applications. Fence/wall height shall be measured from the surveyed elevation prior to placement of fill.
(4) Vision clearance at corners. Fences/walls on corner lots shall not be located within the triangular clearance area formed by lines that are measured from the point of intersection of the rights-of-way a distance of 25 feet, along the lot lines, parallel to each street and the line that connects the endpoints of the two lines measured from the point of intersection of the rights-of-way.
(5) Maintenance. All fences/walls shall be continuously maintained in a good and non- deteriorated condition, free of graffiti, peeling or blistering paint, broken or missing boards or posts, broken concrete block masonry, and the like.
(6) Submission of plans and building permits. Plans showing the exact location of all walls, fences, and hedges, and the proposed height, construction, and materials to be used, shall be submitted to the Building Official for approval, and the issuance of a permit for same upon payment for the permit. Termite and rot-resistant durable wood or rust and corrosion resistant material (or finish) shall be used.
(7) Enclosing of easements, rights-of-way, and sidewalks.
(a) In the event a lot owner fences or encloses any utility easement, as a condition of any fence/wall permit, the lot owner agrees and understands that utilities, rights-of-way, and sidewalks may need repair, maintenance, installation or removal, from time to time, and that to do so it may be necessary for utility companies or public and governmental agencies, or their respective employees, agents, or independent contractors, to remove certain portions of a lot owner’s fence/wall. The lot owner/occupant agrees as a permit condition to hold harmless the Town, any other governmental agencies, and any utility company, and their respective employees, agents, officials, and independent contractors, in both their official and individual capacities, from any costs related to fencing/walls or damages to fencing/walls arising from removal, repair, installation or maintenance of any utilities, rights-of- way, sidewalks or fences/walls. As used in this paragraph, the term utilities shall include cable television companies.
(b) Prior to issuance of a building permit for a fence or wall constructed on an easement or right-of-way the property owner shall sign an affidavit stating agreement with the conditions of this section.
(8) Installation. Fencing/walls shall be installed in such a manner as not to detract from the value of the adjoining residential property; in particular, the fence/wall shall have the finished side face the adjoining property. Walls and fences shall be installed abutting the property line in such a manner that they are located entirely on the property of the owner of the structure.
(9) Fences/walls abutting beach or river access way or rights-of-way. Fences/walls up to a height of six (6) feet are allowed adjacent to and abutting any public or private motor vehicle or pedestrian access or right-of-way connecting to the Indian River Lagoon or the beach along the Atlantic Ocean. Said fence/wall may be located forward of the front building line; provided that said fence shall not be of a chain-link type. All of said fence/wall shall be setback a minimum of five (5) feet from any right-of-way line.
(10) Hedges.
(a) Where hedges are provided they shall be neatly trimmed and maintained. Hedges are permitted to be planted and grown immediately adjacent to fences.
(b) Where existing hedges are utilized in any zoning district as an alternative to a fence, consistent with this code, on February 18, 1998; said hedge may continue to be utilized as a substitute for a fence; provided, that said hedge is at all times, living, neatly trimmed and maintained, and is substantially opaque in that it operates to block light emissions to abutting properties. At such time that a hedge used as a substitute for a fence pursuant to this paragraph is no longer living or is in such condition that it is no longer substantially opaque in that it operates to block light emissions to abutting properties, then the property owner shall install a fence that conforms to this section.
(11) Development sites that do not conform with §§ 7A-34, 7A-35, 7A-36, 7A-37 or 7A-38 of the Land Development Code as of November 19, 2008 shall be required to come into compliance when development, or redevelopment occurs that represents50% or more of the current market value of the improvements contained on the property, or a change in the use of the property consisting of residential to commercial or residential to a special exception use.
(`75 Code, Appendix A, Art. VII, § 5) (Ord. passed 9-26-72; Am. Ord. 76-3, passed 8-10-76; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 97-04, passed 3-16-98; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2008-09, adopted 11-19-08; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2023-01, adopted 3-15-23)