§ 23.4-4. Fences, walls and gates.  


Latest version.
  • a)

    General provisions . For the purpose of this section, fences, walls, and gates shall be constructed to meet the requirements and standards contained in this section.

    b)

    Materials. Except as may be otherwise provided in these LDRs, walls or fences may be constructed of the following; stone; brick, coral rock; flagstone; concrete block or reinforced concrete stuccoed on both sides; precast concrete; ornamental or architectural concrete block; cedar; bamboo; cypress or redwood; treated wood (not on walls); chain link (black or dark green vinyl coated); aluminum; wrought iron; galvanized steel; glass block; porcelain or glass tile; and, vinyl, fiberglass or similar material. Use of materials that are not specifically mentioned require the approval of the zoning administrator or designee but shall not be limited to those listed above unless otherwise prohibited in these LDRs. The following uses and materials shall be expressly prohibited in all zoning districts:

    1.

    No fence or wall shall be electrically charged.

    2.

    Barbed wire, razor wire, chicken wire, sharp or protruding objects shall not be permitted on any fence or wall for any residential use or in any residential district.

    3.

    No materials intended for temporary use are permitted for permanent use.

    4.

    The following shall be prohibited from use on any wall: rubble, concrete test cylinders, scrap metal of any kind, broken glass, or any other sharp particles.

    c)

    Single-family and two-family residential uses .

    1.

    Height limitations.

    A.

    On the front property line and on that portion of the side property line from the front property line to the front building setback line, a fence or wall shall have a maximum height of four (4) feet from the natural grade of the lot. (See definitions.)

    B.

    On the rear property line adjacent to an alley, a fence or wall shall have a maximum height of eight (8) feet from the natural grade of the lot.

    C.

    On the rear property line (not adjacent to an alley) and on that portion of the side property line from the rear property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot.

    D.

    Along side and rear property lines adjacent to roadways (except alleys) a fence shall have a maximum height of six (6) feet and must be set back a minimum of thirty (30) inches from the property line providing a landscape screen (see definitions). Walls along side and rear property lines adjacent to roadways (except alleys) shall have a maximum height of six (6) feet and must be set back a minimum of five (5) feet from the property line providing a landscape screen. (See definitions.)

    E.

    Decorative accents, such as column caps or finials, may extend an additional six (6) inches above the allowable wall or fence height.

    2.

    Wall construction. Regulations in these LDRs which apply to fences regarding height, location and appearance shall apply to wall construction unless otherwise noted in these LDRs.

    3.

    Fences.

    A.

    All fences unless otherwise provided herein, shall be symmetrical in appearance and conforming to a definite pattern and uniform design. The same shall be kept in good repair. The finished side of all fences shall be constructed to face toward the adjacent property, street, or alley. All fences shall comply with height limitations and follow the slope of the natural grade.

    B.

    Chain link fences are not permitted in front of the front building setback line or on property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards.

    C.

    Chain link fences shall be coated in black or dark green vinyl and shall not have any exposed metal barbs.

    D.

    All fencing must meet historical guidelines within the historic districts.

    4.

    Gates and gateposts.

    A.

    Gates and gateposts shall not exceed a height of two (2) feet above the allowable fence height for the location.

    B.

    Gateposts not exceeding three (3) feet in any horizontal dimension may be erected or constructed in connection with the erection or construction of a wall, fence, or in connection with an existing or proposed hedge.

    5.

    Waterfront setback. No solid opaque fencing of any type shall be erected within fifteen (15) feet of the bulkhead or mean high water line of any properties adjacent to waterfronts.

    6.

    Entrance arbor, trellis, pergola, or arch .

    A.

    One (1) entrance arbor, trellis, pergola or arch shall be allowed at the front of a property or two (2) shall be allowed for dual frontage properties.

    B.

    Overall height of any entrance feature shall not exceed eight (8) feet in height.

    C.

    Overall width of entrance feature shall not exceed ten (10) percent of the overall width of the property frontage or ten (10) feet, whichever is less.

    d)

    Multi-family residential uses.

    1.

    Height limitations.

    A.

    On the front property line and on that portion of the side property line from the front property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot. (See definitions.)

    B.

    On the rear property line and on that portion of the side property line from the rear property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot.

    C.

    Along side and rear property lines adjacent to roadways (except alleys) a fence shall have a maximum height of six (6) feet and must be set back a minimum of thirty (30) inches from the property line providing a landscape screen (see definitions). Walls along side and rear property lines adjacent to roadways (except alleys) shall have a maximum height of six (6) feet and must be set back a minimum of five (5) feet from the property line providing a landscape screen. (See definitions.)

    D.

    Decorative accents, such as column caps or finials, may extend an additional six (6) inches above the allowable wall or fence height.

    2.

    Wall construction. Regulations in these LDRs which apply to fences regarding height, location and appearance shall apply to wall construction unless otherwise noted in these LDRs.

    3.

    Fences.

    A.

    All fences unless otherwise provided herein, shall be symmetrical in appearance and conforming to a definite pattern and uniform design. The same shall be kept in good repair. The finished side of all fences shall be constructed to face toward the adjacent property, street, or alley. All fences shall comply with height limitations and follow the slope of the natural grade.

    B.

    Chain link fences are not permitted in front of the front building setback line or on property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards.

    C.

    Chain link fences shall be coated in black or dark green vinyl and shall not have any exposed metal barbs.

    D.

    All fencing must meet historical guidelines within the historic districts.

    4.

    Gates and gateposts.

    A.

    Gates and gateposts shall not exceed a height of two (2) feet above the allowable fence height for the location.

    B.

    Gateposts not exceeding three (3) feet in any horizontal dimension may be erected or constructed in connection with the erection or construction of a wall, fence, or in connection with an existing or proposed hedge.

    C.

    Electronic security gates and keypad/call boxes shall be located sufficiently back from the property line/right-of-way so as to not cause stacking of automobiles in the public right-of-way.

    D.

    Gated complexes/communities should provide for separate resident and visitor entries, where feasible, to allow efficient movement of automobiles off of the public right-of-way and onto the premises.

    5.

    Piers.

    A.

    Piers shall not exceed a height of two (2) feet above the allowable fence height for the location.

    B.

    The total width of all piers along a property frontage shall not exceed twenty (20) percent of the overall length of the property frontage.

    6.

    Entrance arbor, trellis, pergola, or arch.

    A.

    One (1) entrance arbor, trellis, pergola or arch shall be allowed at the front of a property or two (2) shall be allowed for dual frontage properties.

    B.

    Overall height of any entrance feature shall not exceed eight (8) feet in height.

    C.

    Overall width of entrance feature shall not exceed ten (10) percent of the overall width of the property frontage or ten (10) feet, whichever is less.

    7.

    Waterfront setback. No solid opaque fencing of any type shall be erected within fifteen (15) feet of the bulkhead or mean high water line of any properties adjacent to waterfronts.

    e)

    Commercial uses .

    1.

    All fences, walls, and hedges shall have a maximum height of six (6) feet. Except as otherwise provided herein, all fences and walls shall be set back to the minimum building setback line on the front of the lot for traffic vision purposes and hedges within the front setback area shall be a maximum of thirty (30) inches in height from the edge of the street or alley surface.

    2.

    Where outdoor storage areas are permitted, they shall be screened and visually shielded from a street, alley, or abutting property by a masonry wall, opaque ornamental fence, or dense hedge of at least six (6) feet, but no more than eight (8) feet in height, except for that portion thereof located in the visibility triangle, in which case the provisions of subsection g, visibility triangle, shall apply. All screening material is subject to approval by the building official and shall be installed in a professional manner.

    f)

    Industrial uses . Any area in the industrial district used as open storage shall be completely enclosed by an opaque fence or wall so as to protect surrounding property from debris damage caused by wind or storm. The above required fences or walls shall be at least six (6) feet, but no more than eight (8) feet in height and shall be set back to the minimum building setback line on the front of the lot for traffic vision purposes. All screening material is subject to approval by the zoning administrator or designee and shall be installed in a professional manner.

    g)

    Visibility triangle. With respect to fences, walls and hedges, and other landscaping, including trees, shrubs, ornaments and decorations, a visibility triangle shall be provided at all street intersections and street-alley intersections. Within said visibility triangle, landscaping shall be maintained to provide clear vision without obstruction from the adjoining public ways from elevation thirty (30) inches to elevation eight (8) feet above the average elevation of the intersection. Trees and palms shall be permitted in said triangle provided they are trimmed to allow visibility at the levels indicated above, and further provided they are not located so as to create a traffic hazard.

    1.

    Definitions.

    a.

    Major roads. For the purposes of this section major roads are streets or roads with a speed limit of thirty (30) mph or greater, and/or high volume, and/or a ROW width of sixty (60) feet or greater.

    b.

    Minor roads. For the purposes of this section, minor roads are streets or roads with a speed limit below thirty (30) mph, and/or low volume, and/or a ROW width less than sixty (60) feet.

    2.

    Intersection of a major road. At an intersection that includes at least one (1) major road, the visibility triangle shall have twenty-foot sides measured along the street right-of-way line from the corner of the intersection, the third side of the triangle to be the line connecting the ends of the aforesaid lines.

    3.

    Intersection of a minor road. At the intersection of two (2) or more minor roads, the visibility triangle shall have a minimum of ten-foot sides, measured along the street right-of-way line from the corner of the intersection, the third side of the triangle to be the line connecting the ends of the aforesaid lines.

    4.

    Intersection of an alley. At street-alley intersections and alley-alley intersections, two (2) sides shall be ten (10) feet in length. A greater distance may be required in the event the city engineer determines traffic safety so requires. The third side of the triangle shall be the line connecting the ends of the other two (2) lines.

    5.

    Exception. Additional sight visibility may be required in situations where the city engineer determines that the additional distance is needed to improve traffic safety.

    h)

    Temporary construction fencing.

    1.

    Screening details shall be submitted with the temporary construction fence permit application. Wind screening shall be substantial enough to avoid rips or tears due to wind or sun, and shall have no less than eighty-five (85) percent opacity. Screening shall be maintained in good condition at all times. Screening graphics shall be approved with a permit pursuant to the provisions of section 23.5-1, signs, of the zoning and land development regulations of this Code.

    2.

    Temporary construction fencing must be associated with an active building permit unless approved by the development review official in lieu of a permit. The development review official may require the removal of a temporary fence in absence of an active permit or safety issues.

(Ord. No. 2015-04, § 5(Exh. D), 8-4-15; Ord. No. 2018-10, § 10(Exh. I), 7-17-18)