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HomeMy WebLinkAboutO-90-12 '1.1- , ORDINANCE NO.: 0-90-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING FENCES AND WALLS; AMENDING SECTION 20A-5.9 OF THE LAND DEVELOPMENT CODE TO REQUIRE FENCE PERMITS FOR THE ERECTION OF FENCES AND WALLS; PROVIDING FOR APPLICATION PROCEDURES AND GUIDELINES IN THE ISSUANCE OF FENCE PERMITS; PROVIDING FOR THE TYPES OF FENCES AND WALLS PERMITTED; PROVIDING FOR RESIDENTIAL AREA LIMITATIONS AND RESTRICTIONS IN THE ERECTION OF FENCES AND WALLS, INCLUDING FRONT YARD FENCES; PROVIDING FOR GUIDELINES REGARDING FENCES AND WALLS WITHIN EASEMENTS; PROVIDING FOR PROHIBITED TYPES OF FENCES AND WALLS; PROVIDING FOR REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (, ./ i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-5.9 of the Sebastian Land Development Code is hereby amended in its entirety to read as follows: "Section 20A-5.9. WALLS AND FENCES. A. General Provisions. 1. Permit Required. Except as provided in para- graph 4, it shall be unlawful for any person, association, corporation or other entity to install, erect, alter, or locate a fence or wall within the City without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence permit shall not be required for the replacement or repair of an existing fence or wall unless the replacement or repair cost exceeds 50 percent (50%) or more of the value of the fence or wall before its repair or replacement. 2 . Application Procedures. Application for a fence permit under this section shall be made to the Building Official and shall include the following: (a) A survey prepared by a licensed surveyor of the State of Florida; (b) The location, length and height of the proposed fence or wall; and (c) A description of the materials contained in the proposed fence or wall. 3. Issuance of Permits. The Building Official shall issue a fence permit to an applicant under this section upon his finding that the proposed fence or wall is in compliance with the provisions of this article and all other pertinent state and local regulations, and upon payment of the appropriate fee as set forth in Section 7-20 of the Code of Ordinances. Fence permits issued under this section shall be subject to all other rules and regulations pertaining to fence permits in general. 4. Exemptions from Fence Permit ReQUirement. No fence permit shall be required hereunder the installation, erection, alteration location of the following structures: for or (a) Portable permanent ground; dog pens posts in or slabs or upon with the (b) Trellis structures that do not form a barrier. Said structures shall, unless otherwise provid- ed herein, be subject to all other requirements for fences and walls contained in this section. 5. Construction to Withstand Forces of Nature. All fences and walls shall be constructed to withstand the force of wind and to allow, and not inhibit, divert or alter, the free flow of surface water from the natural course it fol- lowed prior to installation of the fence or wall. 2 6. Posts and SupoortinQ Members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts orsup- porting members shall be treated or composed of materials resistant to decay, corrosion and termites. 7. Maintenance. All fences and walls shall be maintained in good repair, in a non-hazardous condition, and shall not be allowed to become dilapidated. B. Types of Fences and Walls Permitted. Fences and walls shall be constructed and/or composed of at least one (1) of the following groups of materials. ( 1) (2 ) (3) (4) (5) ( 6 ) Termite resistant specie wood or wood which has been treated to resist rot and termites; Steel posts and wire fabric of a minimum of 111 gauge galvanized or other noncorrodible metal; Ornamental iron; Concrete or masonry; Plastic; c. Residential Area Limitations and Restrictions. Hedges and hedge rows. 1. General Rule. Fences and walls not exceeding six (6) feet in height may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure. Fences and walls placed in front of the main structure shall not exceed four (4) feet in height. 2. Corner Lots. Notwithstanding the provisions of paragraph 1, fences and walls four (4) to six (6) feet in height may be located to the front of the front setback line along the boundary of the secondary front yard of an 3 . . improved corner lot. Only those fences and walls placed along the boundary of the primary front yard of an improved corner lot must be located behind the front setback line. (a) Secondary front yard. For purposes of this paragraph, the term "secondary front yard" shall mean the yard of an improved corner lot located between the street and the side of the main structure facing the street where the primary entrance to the main structure is not located. (b) Primary front yard. For purposes of this paragraph, the term "primary front yard" shall mean the yard of an improved corner lot located between the street and the side of the main structure facing the street where the primary entrance to the main structure is located. 3. Visibility Trianqles. Visibility triangles, within which nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to impede vision between a height of two ( 2 ) feet and eight ( 8 ) feet above the centerlines of intersecting trafficways, shall be provided as follows: (a) Vision clearance at street, alley and driveway intersections. A visibility triangle shall be required at all trafficed intersections. No wall, fence, hedge, or structure within the visibility triangle shall exceed a height of two (2) feet above the elevation of the abutting street measured at the centerline. (b) Dimensions of visibility triangle. The sides of the visibility triangle shall be thirty (30) feet at street-to-street intersections and fifteen (15) feet at all other intersections. These distances shall be measured along the well defined edge of travelways from their point of intersection. Where no well defined edge of pavement exists, a probable edge of pavement shall be established from the existing centerline of the travelways, 4 using twelve (12) foot travel lane(s) for dedicated streets, eight (8) foot half width for all dedicated alleys and utility easements, and five (5) foot half width for single driveways. Visibility triangles are further defined by the following diagram. Residential Lot \/\/ Corner Residential Lot Main Structure Main Structure I~ /? -- [~ J~ I ~ /\/\ ~ - IS' 15' STREET 4. Trellis Structures. Trellis structures that do not form a barrier may be erected at any location on a lot except wi thin visibility triangles. Such trellis structures need not satisfy the height limitations and restrictions for residential fences and walls provided in this subsection C. D. Fences within Easements. 1. General Rule. It shall be unlawful for any person, association, corporation or other enti ty to erect a fence or wall wi thin any drainage easement unless a fence permit for the fence or wall is obtained prior to the erection of the fence or wall, and the fence or wall is constructed of the materials listed in paragraphs (1), (2) and (5) of subsection B. 2. Permitted Fences or Walls. Any fence or wall proposed to be installed within a utility or drainage easement that accesses, abuts or provides the City or utility company with a 5 maintenance area to lot line ditches, canals, drainage tracts, or drainage right-of-ways, may be of a permanent or temporary nature. However, if the City or utility company should later determine that removal of the fence or wall is necessary for the installation, repair or replacement of the drainage or utility facility, the property owner shall be required to remove the fence or wall within five (5) days of his or her receipt of written demand for removal from the City or utility company. All costs incurred in the removal and replacement of the fence or wall shall be the responsibility of the property owner. 3. Maintenance. With the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The City may remove any fence or wall within the easement, as needed, in cases of emergency. E. Prohibited Fences and Walls. 1. General Rule. It shall be unlawful to erect, construct, install or maintain the following structures: (b) A fence or wall within six (6 ) feet of a fire hydrant; A fence or wall within any street right-of-way; An electricity charged fence or wall; (a) (c) (d) A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or in part, and as a consequence thereof is either unsound, hazardous or ineffectual; (e) Any fence or wall containing hazardous substances such as broken glass, barbed wire, (except as provided in paragraph (2) below), spikes, nails, or similar materials designed to inflict pain or injury to any person or 6 animal. Any fence constructed of such material shall be deemed to be a public nuisance. 2. Barbed Wire Fences. Barbed wire fences may be permitted by the Planning and Zoning Commission in commercial and industrial districts if the proposed fence is a minimum of six (6) feet and a maximum of eight (8) feet in height and topped with barbed wire of not more than three (3) strands; provided, that the lower strand of barbed wire is not to be placed lower than six (6) feet six (6) inches from the ground nor angled outward. F. Required Screens For Garbage, Refuse Dumpsters. Notwithstanding anything to the contrary contained in this Section, all garbage, refuse dumpsters, regardless of the siting on the property, shall be screened on at least three (3) sides by masonry wall, fencing, or other materials permitted hereunder, at least six (6) feet in height, and rendering the view of said dumpster opaque from adjacent properties and public right of ways. All proposed refuse, dumpster screens must be approved by the Building Official through the issuance of a fence permit pursuant to the application procedures set forth in subsection A." Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of Ihe City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 3. CONFLICT. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. 7 . , Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5 . EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing ~<lkJr ~ ";1./ ( tp---z'iI'-J'.l J! ~ Ordinance was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau AAV--.. _.4 -41:., A ,{vL--.. tt~U .---t .- " '"~ tt; i .." . / -.-1:;_, ,C_,'(A_~_-A__ The Mayor thereupon declared this Ordinance duly passed and 9~' adopted this _ day n _l; o f:':dl-.:nl.1IJ...i," , 19 9,..6' . !I CITY OF SEBASTIAN, FLORIDA BY:w~~n~ - ATTEST: City (SEAL) 8 .--if ., . . ~ . I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearrY was held o~ this Ordinance at 7:00 p.m. on the ~-day of )f:;'UJ..P./1.<i..- , 199)t, and that following said public hearing this orq(;~ance ~as passed by the City Council. c".. Ii- ., _i'..J,JU~- loran, CMC/AAE Approved as to Form and Content: ,//~" .- /~/ /: Charles Ian Nas , 9