(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT OR ABUTTING PROPERTY. A lot or parcel sharing a common boundary with the lot or parcel in question, or a lot or parcel immediately across a public or private right-of-way or street from the lot or parcel in question.
COMMERCIAL DISTRICT. Any area of the town having the zoning classification C-l. C-2, or C-P in accordance with the land development regulations of the town.
ENTRANCE GATE. A gate designed for ingress and egress for vehicular traffic to and from a lot or parcel that directly connects to the public roadway. Entrance gates may be opened manually or by automated means and may be guided by hinges, tracks, or other means.
ENTRANCEWAY. Columns, poles, walls, arches or other structures that define a point of entry onto a property. The entranceway may or may not have a gate.
FENCE. A vertical row of opaque nonliving material, placed close together or abutting each other in such a manner as to form a boundary or barrier between two adjacent parcels of land. Such amenities as kennels, cages, corals, trellises and related conveniences are not fences for the purposes of this division.
GATE. A rigid structure to open and close in order to allow ingress and egress through a fence or wall. Gates may be opened manually or by automated means and may be guided by hinges, tracks, or other means.
HEIGHT. The distance from existing grade to the top of such fence or wall including post and/or uprights measured on the side facing abutting property.
INDUSTRIAL DISTRICT. Any area of the town having the zoning classification IND in accordance with the land development regulations of the town.
INSTITUTIONAL DISTRICT. Any area of the town having the zoning classification M-1 in accordance with the land development regulations of the town.
OPAQUE. Shall mean that objects located on one side of a fence or wall are not visible from the opposite side when the viewer's line of sight to such object is through such fence or wall.
PERIMETER. Outside boundary of a subdivision or multiple adjoining lots.
RESIDENTIAL DISTRICT. Any area of the town having the zoning classification R-A, R-1AAA, R-1AA, R-1A, R-2, or R-3, in accordance with the land development regulations of the town.
WALL. A vertical row primarily composed of masonry materials that are constructed so that less that 50% of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane.
YARD. An open, unoccupied space on the same lot or parcel with a building or buildings, other than a court, which is unobstructed from the ground upwards by buildings or structures.
(B) Height restrictions for fences, walls, gates and related structures in commercial industrial or institutional districts.
(1) Fences, walls, gates, and related structures located, erected, constructed or altered on any property used as or located in a Commercial, Industrial or Institutional District shall be no more than eight feet in height.
(2) Notwithstanding the provisions of this division (B) the provisions of § 157.496 shall take priority.
(C) Height restrictions for fences, walls, gates, entranceways and related structures on residential property shall comply with the following height requirements:
(1) Except as provided in this section, no portion of any fence, wall or gate located between the front building line and the front lot line shall be more than five feet in height and if located to the rear of the front building line shall be no more than six feet in height, provided; however, that any residential lot which abuts commercial, industrial or institutional zoned or used property may erect a fence, wall or related structure up to eight feet in height along the rear and/or side portions of the property which abuts such commercial, industrial, or institutional zone or property.
(2) For any lot or parcel not containing a structure, the requirements of this section shall be applied in the same manner as if a structure had been constructed in accordance with such required yard area or setback as specified within the zoning district requirements.
(3) Except as provided in this section, no portion of any entranceway shall be more than six feet in height.
(4) If a gate is installed to provide ingress and egress to and from property, the gate must be set back at least 15 feet from the property line.
(5) Notwithstanding the provisions of this division (C), the provisions of § 157.496 shall take priority.
(D) Maintenance of fences, walls or related structures. All fences, walls and related structures in the town shall be maintained in good repair and in a structurally sound condition. All such structures shall be maintained to their original specifications.
(E) Materials and design requirements.
(1) Walls and fences shall not prevent necessary access to facilities (easements, refuse containers, alleys and lawn areas) that need to be maintained on a regular basis.
(2) No wall or fence shall cause the collection or ponding of stormwater along property lines. Weep holes of sufficient size and design to assure compliance with the section shall be installed where the foregoing condition would occur.
(3) Posts and stringers required for the support of opaque fences shall not be visible from the side facing any abutting property, for which such fence permit was issued. Posts shall be a treated wood type or wood or material type with a resistance to decay.
(4) All walls shall have a painted surface with struck mortar joints, stucco or other finished surface on the side facing any abutting property for which the permit for such wall was issued.
(5) The following fence types or uses are prohibited:
(a) Electrified wire strands.
(b) Barbed wire. Razor wire or concertina wire, except such fencing material may be permitted at the top of fences or walls erected in commercial or industrial zoning districts.
(c) Chain link.
(d) Other types of fences which are designed to potentially inflict bodily injury or which are constructed of corrodible material or which do not meet the intent or actual standards of this section shall be prohibited.
(e) Fencing of easements. No person shall fence any public utility, public right-of-way, or drainage easement (to include, but not limited to, sewer, water, drainage, gas, cable television, telephone, and electric utilities), unless such person has provided adequate access for any purpose necessary to access the easement, right-of-way, and the like. Access shall be provided so that no fence will have to be cut or any wall removed to install, maintain, repair or replace any utility. Any landscaping and fencing within the easement shall be relocated by or at the expense of the property owner if required.
(F) Permit required for fence, wall, entranceway and related structures. No fence, wall, entranceway or related structure shall be constructed, erected, replaced or altered between abutting parcels unless a permit therefore has been obtained from the town by the owner of the property on which such fence or wall is to be located, or by some other person duly authorized by such owner. The application for such permit shall be on a form provided by the Building Official and shall be accompanied by drawings showing the proposed location of and the specifications for the type of construction. The Building Official shall deny a permit if he or she believes the proposed structure creates a threat to health or safety. Unless requested otherwise by the applicant, denial of a permit shall create an automatic appeal to the Town Council after consideration and recommendation by the Planning and Zoning Board. Permits are not required for periodic repair and maintenance of an existing fence or wall unless such is more than 50% destroyed by any means. All such issued permits shall contain the following:
"WARNING: The issuance of this permit by the Town of Palm Shores does not relieve the permittee from complying with any Homeowner's Association requirements. Before proceeding with any permitted activities authorized by this permit the permittee should obtain approval from the applicable association."
(G) Permit fee. Permit fees shall be calculated in accordance with adopted resolutions. No permit shall be issued unless and until all fees associated with the permit are paid.
(H) Restriction of fences, walls or related structures on public easements, utility easements and public rights-of-way.
(1) No permanent wall, fence, gate, entranceway, or related structures shall be constructed on any public right-of-way or easement.
(2) A non-permanent fence or gate may be constructed on any public right-of-way or public easement providing the property owner making application for such fence or gate has submitted written permission from any affected property owners and agrees in writing, at the time of application for permit, that the property owner and/or any successors in interest will bear the expense of removal of such fence when access to the public easement is required.
(I) All fences, walls or entranceways shall be constructed in a manner that provides adequate visibility at any public or private right-of-way, easement, driveway or street providing access to such lot or parcel, and at any abutting intersection.
(J) Town Council may authorize non-compliant design specifications only after considering the recommendation of the Planning and Zoning Board. Prior to approving subject structure the Town Council shall render a finding that the structure is safe and visually compatible within the area.
(K) Special fence, wall and related structure provisions.
(1) Property Fronting Highway US 1. For any property whose frontage is along Highway US 1, any fence which is proposed to be constructed along such frontage and which is visible from the right-of-way of Highway U.S. 1 shall be opaque.
(2) Notwithstanding the provisions of this section, no fence, wall or related structure shall be erected in violation of § 157.506.
(3) The provisions of this code shall not apply to any fence, wall or related structure erected by the Florida Department of Transportation.
(L) Grandfather clause. The provisions of this section shall not apply to any fence, wall or related structure that was erected pursuant to a permit issued by the town or a permit that was pending before the town prior to the effective date of this section. However, in the event that any fence, wall or related structure is more than 50% destroyed by any means then the entire fence, wall or related structure shall only be reconstructed in accordance with this section. In determining the calculation of the 50% requirement the total lineal feet of the fence, wall or related structure as depicted on the approved permit on file with the town shall be divided by a denominator of two.
(Ord. 2013-02, passed 3-26-2013)