HomeMy WebLinkAbout2000 03 13 Public Hearings D First Reading - Ordinance 2000-06 Installation of Fences
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing X
Regular
March 13.2000
Meeting
~
Mgr. I
Authorizatio
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a first reading of Ordinance No. 2000-06 regarding
installation of fences.
PURPOSE:
The purpose of this agenda item is to request the Commission hold a first reading of Ordinance
2000-06 regarding installation of fences.
APPLICABLE LAW AND PUBLIC POLICY:
Under current regulations, fences may be installed with the finished or unfinished side facing out
away from the property. The only exception to this is when the fence is being exclusively used as
a pool surround. The City Commission directed Staff to present changes to the code that require
fences be installed with the finished side facing out.
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a first reading of Ordinance 2000-06 and schedule a
second reading to adopt.
ATTACHMENTS:
A. Section 6-186- 6-194, City Code
B. Ordinance 2000-06
COMMISSION ACTION:
ATTACHMENT A
-
BUILDINGS AND BUILDING REGULATIONS
~ 6-188
inmates and occupants to vacate the building or
structure forthwith. He may, when necessary for
the public safety, temporarily close sidewalks,
streets, buildings, structures and places adjacent
to such building or structure and prohibit the
same from being used.
(Code 1974, ~ 5-92)
Sees. 6-170-6-185. Reserved.
ARTICLE vm. FENCES, WALLS,
HEDGES*
Sec. 6-186. Permit required.
Plans showing the location of any proposed
fence or wall in excess of one hundred dollars
($100.00) value and the type of construction shall
be submitted to the building official and a permit
obtained therefor from the building official.
(Code 1974, ~ 5-122)
Sec. 6-187. Construction materials.
Fences and walls constructed within the city
shall conform to one (1) of the following:
(1) Wood fences constructed of rot- and termite-
resistive species of wood or chemically pres-
sure-treated to resist rot and termite at-
tack.
(2) Street posts and wire fabric fences with
fabric of a minimum of eleven-gauge galva-
nized or other non corrodible metal.
(3) Ornamental iron.
(4) Ventilated concrete or masonry.
(C'Jde 1974, ~ 5-123)
Sec. 6-188. Exceptions to section 6-187.
Where zoning classifications within the city
allow for horses, barbed wire fences will be per-
mitted
.Cross references--Beautification board, ~ 2-76 et seq.;
enclosure for swimming pool required, ~ 6-217; land develop-
ment, Ch. 9; zoning, Ch. 20.
Supp, No. 16.
360.1
BUILDINGS AND BUILDING REGULATIONS
as well as fabric, fences with fabric of less than a
minimum of eleven-gauge galvanized or other
noncorrodible metal.
(Code 1974, ~ 5-124) :.
Sec. 6-189. When barbed wire permissible.
In areas where security fences are permitted,
barbed wire may be used above six (6) feet with
approval of the building officials.
(Code 1974, ~ 5-125)
Sec. 6-190. Height limitations generally.
All walls or fences hereafter located, erected,
constructed, reconstructed, or altered outside of
the established building lines shall adhere to the
following heights: If front of the front building
line, no more than four (4) feet in height; if to the
rear of the front building line, provided the provi-
sions of section 6-191 are met for corner lots, no
more than eight (8) feet in height.
(Code 1974, ~ 5-126) ,
Sec. 6-191. limitations when adjacent to street,
intersection.
To avoid the obstruction of clear vision around
or through corners on corner lots, no fence, wall
or hedge shall be erected, planted or grown within
twenty-five (25) feet of the intersecting property
. line comer adjacent to the street intersection comers.
(Code 1974, ~ 5-127)
Cross references-Streets, sidewalks and other public plac-
es, Ch. 17; streets, !l17-26 et seq.; motor vehicles and traffic,
Ch. 12; zoning, Ch. 20.
Sec. 6-192. Utility easements.
(a) It shall be lawful for any person to enclose
or fence any utility easements; provided, howev-
er, that adequate access must be provided thereto
by the fence owner. If it becomes necessary to cut
a fence or remove walls for the purpose of instal-
lation of new utilities or repairing or maintaining
installed utilities, the utility company involved
shall be responsible to repair or replace the fence
or wall to the condition existing previous to the
installation, repair or maintenance.
(b) A dedicated right-of-way shall not be fenced
by any private citizen. However, and only when it
is determined by the board of adjustment that
Supp. No.3
9 6-209
fencing, in whole or in part, of a public right-of-
way is n~cessary to protect the health, safety, and
welfare of the citizens of the city as a whole, the
board may authorize a special exception to permit
a private citizen to erect a fence on a dedicated
right-of-way contiguous to that citizen's property.
Requests for such special exceptions to this sec-
tion shall be decided pursuant to the criteria of
section 20-82(1)b, and to the procedures of sec-
tions 20-83 and 20-84.
(c) Any fencing approved by special exception
to be erected on a dedicated right-of-way shall be
constructed according to plans approved by the
city staff, with gates adequate to allow access to
maintenance vehicles. All costs incurred in fenc-
ing the right-of-way shall be borne by the contig-
uous property owner to whom the special excep-
tion may be granted. The fence shall be maintained
in safe condition by the property owner who in-
stalled it, and the fencing wl}en removed may be
reclaimed by that property owner.
(d) Such fences erected privately by special ex-
ception on a dedicated Fight-of-way shall not pre-
clude access to or use of such public land by any
citizen of the city.
(Code 1974, ~. 5-129)
Cross reference-Utilities, Ch. 19.
Sec. 6-193. Distance from property line.
Fences or hedges must be at least three (3)
inches from property lines.
(Code 1974, ~5-130)
Cross references-Land development, Ch. 9; zoning, Ch.
20.
Sec. 6-194. Article provisions not controlling;
exception.
Provisions of this article do not supersede or
control deed restrictions running with the land
, unless the provisions therein are more stringent
than in the deed restriction.
(Code 1974, ~ 5-131)
Sees. 6-195-6-209. Reserved.
361
ATTACHMENT B
ORDINANCE NO. 2000-06
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, REQUIRING ALL
FENCES TO BE INSTALLED WITH THE
FINISHED SIDE OUT, , PROVIDING FOR
CONFLICTS, SEVERABILITY,
INCORPORATION IN TO THE CODE AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida,
recognizes that fences are installed frequently in residential and commercial
areas, and
WHEREAS, tllat fences may be adjacent to other residential and
cOlmnercial property, and
WHEREAS, the unfinished side of a fence may be unattractive to
adjacent property owners,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS
FOLLOWS:
City of Winter Springs
Ordinance No. 2000-06
Page 1 of 3
Section 1.
Winter Springs Code is hereby amended by creating a new section 6-196
as follows:
Section 6-196 Fence installation requiring the finished side facing out
toward adjacent properties.
Fences shall be installed and maintained with the finished side facing out
toward adjacent properties.
Section 2 - Repeal of Prior Inconsistent Ordinances and Resolutions. All pnor
inconsistent ordinances and resolutions adopted by the City Commission, or parts
of ordinances and resolutions in conflict herewith, are hereby repealed tot he
extent of the conflict.
Section 3- Incorporation Into Code. TIus ordinance shall be incorporated into the
Code of Ordinance of the City of Winter Springs and any section or paragraph
nmnber or letter and any heading maybe changed or modified as necessary to
effectuate the foregoing.
City of Winter Springs
Ordinance No. 2000-06
Page 1 of 3
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or tmconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any
other reason, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions
of this ordinance.
Section 5- Effective Date. TIns Ordinance shall become effective upon its passage.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the
day of
2000.
CITY OF WINTER SPRINGS, FLORIDA
Mayor Paul P. Partyka
ATTEST:
City of Winter Springs
Ordinance No. 2000~06
Page 1 of 3
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY OF
WINTER SPRINGS ONLY:
Anthony A. Garganeese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2000-06
Page 1 of 3