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Home My WebLink AboutO-96-26ORDINANCE NO. 0-96-26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES, TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB1LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to height of fences and walls, temporary construction fences, types of fences, prohibited fences and walls, and barbed wire fences; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.9 A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. General provisions: 1. Permit required Except as provided in paragraph 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 fii~y (50) percent or more of the value of the fence or wall before itsrepair 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 for the installation, erection, alteration or location of the following structures: a. Portable dog pens or slabs with permanent posts in or upon the ground; b. Trellis structures that do not form a barrier. Said structures shall, unless otherwise provided 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 followed prior to installation of the fence or wall. 2 6. Posts and supporting members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts or supporting 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. 8. The height of a fence or a wall shall be determined from the highest point of the ground in an eight (8) foot run lying directly beneath the fence or wall. Berms shall not be considered as part of the ground. 9. The building official may issue a fence permit for a temporary construction fence permit for a period not to exceed ninety (90) days. Temporary construction fences in excess of ninety (90) days shall receive approval by the Planning and Zoning Commission. Section 2. Section 20A-5.9 B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: B. Types offences and walls permitted. Fences and walls shall be constructed and/or composed of at least one (1) of the following groups of materials: 1. Termite-resistant species wood or wood which has been treated to resist rot and termites; 2. Steel posts and wire fabric of a minimum of 11 V2-gauge galvanized or other noncorrodible metal; 3. Ornamental iron; 4. Concrete or masonry; 5. Plastic; 3 Section 3. Section 20A-5.9 F. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: F. Prohibited fences and walls. 1. General Rule. It shall be unlawful to erect, construct, install or maintain the following structures: (a) A fence or wall within six (6) feet of a fire hydrant; (b) A fence or wall within any street right-of-way, except those constructed and maintained by the city or approved by the building official; (c) An electricity charged fence or will; (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 which incorporates an earth berm and exceeds the height requirement provided for in the Land Development Code; (f) Any fence or wall containing hazardous substances such as broken glass, wire strands, barbed wire, (except as provided in paragraph (2) below), spikes, nails, or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. 2. Barbed wirefences. Barbed wire fences may be permitted by the Planning and Zoning Commission in commercial and industrial districts if 4 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. No part of any such fence may extend beyond the boundaries of the property on which it is installed. Section 4. CODIFICATION. it is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS~AY OF ~ 1996. PASSED AND ADOPTED BY THE CITY S ONO 5 The foregoing Ordinance was moved for adoption ~e~,~ The motion was seconded ~t(~g~-~')~ ~/A~ and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon ! declared this Ordinance duly passed and by Councilmember by Councilmember adopted this?__~day of CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright, Mayor ApprOved as to Form and Co~ Valerie Settles City Attorney 6