92-O-20
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ORDINANCE NO. 92-0-20
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
EDGEWATER, FLORIDA; AMENDING ARTICLE II
(DEFINITIONS) BY ADDING THE DEFINITION OF
FENCE; AMENDING SECTION 706.00 (FENCES, WALLS,
AND HEDGES) BY SETTING FORTH NEW STANDARDS TO
REGULATE THE USES OF FENCES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. The Land Development and Regulatory Agency has reviewed
the current regulations within the Zoning Ordinance regarding
fences and made certain recommendations for changes.
2. The issue is of sufficient importance that this ordinance
should be enacted separately prior to the adoption of the Land
Development Code.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE II (DEFINITIONS) OF THE ZONING
ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Article II is amended to add the following:
Fence: Any barrier erected for the pur?ose of enclosure,
exclusion, protection, privacy, security, retainment, or esthetics,
includinq shrubs or similar materials.
PART B. AMENDMENT OF SECTION 706.00 (FENCES, WALLS, AND HEDGES)
OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 706.00 is amended to read as follows:
Notwithotanding other provioiono of thio ordinance, fenceo
wallo and hedgeo may be permitted in any required yard, or along
the edge of ~ny y~rd on any lot other than a corner lot provided it
doeo not exaeed the following height limitationol
ReGideRti.:::ll
Rear and oide up to d~ielling line................. 6 ft.
Front ~nd front oide up to front property line.... 4 ft.
Corner loto, front and oide corner maJdmum.
Chain link or non opaque (for traffic vioibility). 4 ft.
Struck through passages are deleted.
Underlined passages are added.
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Prohibited.
Barbed ,fire is prohibited in ~ll reaidcntial
zanca. In commerci~l ~nd induatri~l zanca, m~y be inat~lled on top
of a aix foot high fence, approved by the city council.
It is the purpose of this section to set forth the standards
necessary to regulate the use of fences. The following requlations
shall apply to the erection of fences:
~ All fences shall comply with the provisions of
the applicable buildinq codes.
iQl Fences may be located in all front, side, and
rear yard setback areas and directly on
property lines, provided that a fence shall
not encroach into a utility or access
easement.
1sU The maximum allowable heiqht of all fences
located in the front yard setbacks of
residential property not subiect to site plan
review shall be four (4) feet. Fences located
in these areas must be capable of beinq seen
throuqh. The maximum allowable heiqht of all
other fences in residential areas shall be six
(6) feet includinq side corner yards unless
otherwise approved as part of a development
plan. In commercial and industrial areas no
fence shall exceed ten (10) feet in heiqht
unless otherwise approved as part of a
development plan. The fillinq or berming of
property solely for the purpose of creatinq a
barrier that exceeds the heiqht requirements
contained herein is prohibited.
i4l Fences shall conform to the "siqht trianqle"
requirements set forth in Section 705.00.
ill. Any fence erected on property utilized for
nonresidential purposes which abuts property
utilized for residential purposes shall be
erected with the finished side facing outward
or away from the enclosed or screened area.
Anv fence located adiacent to a public riqht
of way shall be erected with the finished side
facinq the riqht of way.
i1l Approval to exceed maximum heiqht limitations
may be granted bv the Director of Communi tv
Development subiect to either of the
following:
II The enclosed or screened area is
sufficiently lower than adioining
lands to render a fence of the
maximum allowable heiqht inadequate
for its intended purpose.
11 The area to be enclosed or screened
contains a nuisance or a hazard that
cannot adequate Iv be encompassed or
obscured by a fence of the maximum
allowable heiqht.
Struck through passages are deleted.
Underlined passages are added.
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i91 Fences with barbed wire shall be prohibited in
conjunction with residential development. In
non-residential development, UP to three (3)
strands of barbed wire may be installed at the
top of a fence. For requlatorv purposes,
barbed wire shall not be included in the
measurement of the fence height. In no case
shall barbed wire be allowed to overhanq or
extend outside of the property lines of the
site on which the fence is installed, nor
shall any barbed wire be installed at a heiqht
of less than six (6) feet.
ihl Electric or electrified fences shall be
prohibited.
1il Customary fencinq around public recreational
amenities shall be exempt from heiqht
restrictions.
PART C. CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART E.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts C through F shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
StrHok through passages are deleted.
Underlined passages are added.
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Martin, the vote on the first reading of this ordinance held on
December 7, 1992, was as follows:
Mayor Jack H. Hayman, Sr. Aye
Councilman Kirk Jones Aye
Councilwoman Louise A. Martin Aye
Councilman Mike Hays Aye
Councilman David L. Mitchum Aye
After Motion by Councilwoman Martin and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. Aye
Councilman Kirk Jones Aye
Councilwoman Louise A. Martin Aye
Councilman Mike Hays Aye
Councilman David L. Mitchum Aye
PASSED AND DULY ADOPTED this 21st day of December, 1992.
{ i` T r • �c
rS�j, an J N sworth
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: e
Jack H. an, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
/Xr/ A, ".
ista A. Store
City Attorney
StFuek t Eeugh passages are deleted.
Underlined passages are added.
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