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Home My WebLink AboutOrdinance 109 Fences ORDINANCE NO. 109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE OFFICIAL DESIGN AND CONSTRUCTION STANDARDS FOR FENCES CONSTRUCTED WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; ESTABLISHING SPECIFIC REQUIREMENTS THEREFOR; PROVIDING FOR THE REGULATION OF HEDGES; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, desires to regulate and control the construction of fences and the planting of hedges within the City, and WHEREAS, the City of Winter Springs, Florida presently has no method of regulating and controlling the construction of fences and the planting of hedges for the health, safety and welfare of residents, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: 1. That 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. 2. Fences and walls constructed within the City shall conform to one (1) of the following: (a) Wood fences constructed of rot and termite resistive species ef wood or chemically pressure treated to resist rot and termite attack. (b) Steel posts and wire fabric fences with fabric of a minimum of eleven-gauge galvanized or other non- corrodible metal. (c) Ornamental iron. (d) Ventilated concrete or masonry. 3. Where zoning classifications within the City allow for horses, barbed wire fences will be permitted as well as fabric fences with fabric of less than a minimum of eleven- gauge galvanized or other noncorrodible metal. 4. In areas where security fences are permitted, barbed wire may be used above six (6) feet with approval of the building officials. 5. All walls or fences hereafter located, erected, constructed, reconstructed or altered outside of the building lines of property situate in the City shall not be over four (4) feet in height from the front of the building line to the front lot line, and not mere than eight (8) feet from the front building line to the rear easement or property line. 6. Where a wall, fence or hedge is erected or grown on a corner lot, it shall not exceed three (3) feet in height where it is parallel to any public street or highway, and in no event shall any hedge, wall or fence be grown or erected within twenty-five (25) feet of the corner of an individual's property line on the corner of an intersecting street which would obstruct the view around such corner. 7. All swimming pools must be enclosed by fences or walls constructed in such a manner as not to be easily climbed, shall be equipped with self-closing gates and shall be not less than six (6) feet in height. Other suitable enclosures of greater height may be used when erected within the setback lines. 8. It shall be unlawful for any person to enclose or fence any utility easements, unless adequate access has been provided thereto by the fence owner. If it becomes necessary to cut the fence and remove walls for the purpose of working on utilities or repairing and maintenance of utility lines, this cost shall be paid for by the owner of the fence. At no time shall a dedicated right-of-way be fenced. 9. Fences or hedges must be at least three (3) inches from property lines. -2- 10. If any section or portion of section or sub- section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section of subsection or part of this ordinance. ll. This ordinance shall take effect immediately upon passage. PASSED AND ADOPTED this 7th day of October, 1974. FIRST READING: September 23, 1974 FINAL READING: October 7, 1974 Troy J. Piland MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA ATTEST: Mary T. Norton CITY CLERK -3- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO CON- SIDER THE ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of WINTER SPRINGS, FLORIDA, that said Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possi- ble on Monday, September 23, 1974, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE OFFICIAL DESIGN AND CONSTRUCTION STANDARDS FOR FENCES CONSTRUCTED WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; ESTABLISHING SPECIFIC REQUIREMENTS THEREFOR; PROVIDING FOR THE REGULATION OF HEDGES; SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of Winter Springs, Florida, for all persons desiring to examine same. ALL INTERESTED PARTIES are invited to attend and be heard. THIS NOTICE is to be published in the ORLANDO SENTINEL DATED this 3rd day ef September, A.D. 1974. MARY T NORTON, CITY CLERK, OF WINTER SPRINGS, FLORIDA THOMAS G. FREEMAN, ESQ. Law Offices of Thomas G. Freeman P. O. Box 548 (1007 Hwy 436) Altamonte Springs, Florida 32701 City Attorney for Winter Springs, Fla. LAW OFFICES OF THOMAS G. FREEMAN THOMAS G. FREEMAN EDMUND T. WOOLFOL.K September 26, 1974 POST OFFICE BOX 54a 1007 HIGHWAY 436 ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE: (305) 631-1896 Mrs. Mary T. Norton City Clerk, City Hall Winter Springs, Florida 32707 Re: Public Hearing/Fence Ordinance Dear Mary: Enclosed is the proef of publication together with a bill in relation to the above captioned matter. Please file the proof in the proper file and pay the bill. Sincerely yours, LAW OFfICES OF THOMAS ------ -- tlL--~~ ~ \ .~c_ Thomas G. Freeman G. FREEMAN -- ,'", -.... TGF : mlm Enclosure .~oS S~~"'O 'f'f\{\\e~ l\\ .~ 0\ C;\\1 y;o. ~,~ "Q '"' ~~ \j\ S't.~ (\ \'~~V V-\.-C0 LAW OFFICES OF THOMAS G. FREEMAN THOMAS G. FREEMAN EDMUND T. WOOLFOLK POST OFFICE BOX 548 1007 HIGHWAY 436 September 3, 1974 ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE (305) 831-1896 Mrs. Mary T. Norton Ci ty Clerk Winter Springs City Winter Springs, Fl Hall 32707 Re: Public Hearing September 23, re: Fence Ord. Dear Mary: Enclosed is the eriginal and several copies of the Notice of Public Hearing. I have forward a copy to the Orlando Sentinel Star for publication one time on September 12. Also enclesed is a copy of the ordinance. Sincerely yours, LAW OFFICES OF THOMAS G. FREEMAN Thomas G. Freeman TGF:mlm Enclosures r ADVERT1,,-_AG CHARGE ~tau ttf J111ttriba} SS. COUNTY OF ORANGE Before the undersigned authority personally appearecJ he i". M.J. Austin Advertising Sentinel Star , who on oath says that Dire~tor of the a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearing in the matter of 'l'ne Ac'loptien o~ an Ordinance re: Fences & Hedges. September 23rd. in the Court, was published in said newspaper in the issues of September 12. 1974 Affiant further says that the saicJ Sentinel Star is a newspaper published at Orlando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida, for a period of one year next pre- ceding the first pu blication of the attached copy of ad vertisement, or is a direct successor of a newspaper which together have been so published; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. "and also circulated in w.i,.nter Springs, ~~~~~~~' F~~:~~~le -" ~)'') ~/'-CZ;L -~~ 'i- Sworn to and subscribed before me thi" 12th day o~ September , A. D, 19~ xJ 9 c 0 C!L. /L. rbt..a ( . ., ~~ J:: '>.!2f) / Z ) . S t f Florlel" ot torg Notary Public, Nelli"'" 'u\'lIc, to e I) ~ My Comm":'o~ E'I';"" Me,! 13, 19, S &onded by Ameri,,,n Fire & Casualty Co ~ ~ FORM 291 A