City of South Pasadena, FL Chapter 103 Fences

[HISTORY: Adopted by the City Commission of the City of South Pasadena 12-18-1984 by Ord. No. 84-23 as Ch. 8 of the 1984 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 73.

Building construction and uniform codes — See Ch. 83.

Land development regulations — See Ch. 130.

§ 103-1 Definitions and word usage.

As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly indicates otherwise:

FENCE and WALL

A man-made barrier, railing or upright structure, typically constructed of wood, metal or vinyl to enclose an area of ground, to mark a boundary, control access or prevent escape, located at the perimeter of or within the required yards of private property.

[Amended 7-1-2021 by Ord. No. 2021-02]

HEDGE

A planting of shrubs, planted to form a continuous unbroken, solid visual screen within one (1) year after planting.

OPEN FENCE

A fence or wall which has 50% opacity and does not exceed four feet in height. A fence or wall which has less than 50% opacity shall not exceed three feet in height.

[Amended 7-1-2021 by Ord. No. 2021-02]

TEMPORARY FENCE

A fence having an anticipated use which will not exceed six (6) months.

[Added 9-10-1991 by Ord. No. 91-05]

VISUAL OBSTRUCTION

A fence, hedge, wall or grouping of plants which in any way obstructs cross visibility at a level of three (3) feet above grade within the triangular areas described as follows and as illustrated below:

[Amended 4-27-1993 as Ord. No. 93-08]

A. Private-to-private and private-to-public right-of-way intersections. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public or private right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection, and the third side being a line connecting the ends of the other two (2) sides.

B. Public right-of-way intersections. The area of property located at the corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of a triangular area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) sides.

§ 103-2 Wall or fence required around swimming pools.

[Amended 7-1-2021 by Ord. No. 2021-02]

A. Every outdoor swimming pool shall be completely surrounded by a fence or wall per the Florida Building Code.

B. This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of 24 inches of water.

C. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a minimum depth of 24 inches shall fail to provide and maintain such fence or wall as herein provided.

D. Any person, firm, partnership, association, corporation, company or any organization of any kind affected by the provisions of this chapter and required to comply with its provisions shall first ensure to the City that such compliance regarding such fences or enclosures shall not restrict existing City easements.

§ 103-3 Modifications.

The Commission may make modification, in individual cases, upon the showing of good cause with respect to height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby. The Commission may permit other protective devices or structures to be used, as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. The Commission shall allow a reasonable period within which to comply with the requirements of this chapter.

§ 103-4 General requirements.

[Amended 9-10-1991 by Ord. No. 91-05; 4-27-1993 by Ord. No. 93-08; 3-15-1994 by Ord. No. 94-08; 7-1-2021 by Ord. No. 2021-02]

A. As used in this section, unless otherwise specified, the term "fence" shall be used to include fences and walls.

B. No fence exceeding three feet shall be constructed within the visibility triangle at roadway intersections as described in § 103-1.

C. All fences shall be regulated by this chapter with the exclusion of earth- or water-retaining walls and living walls which shall be governed by other portions of this Code. All fences shall be constructed of masonry, wood, metal, vinyl or other materials appropriate to their location and purpose.

D. The fence structure shall be adequate to withstand wind loading and shall in no way impede or divert the flow of water through any drainageway unless adequate investigation and written approval from the City's Public Works Department and it is shown that the fence will not adversely impact any surrounding property owner.

E. If posts or supporting members are in or on the ground, they shall be of decay-, corrosion- and termite-resistant material, whether treated or natural.

F. All fences shall be maintained in a nonhazardous condition and shall not be allowed to become dilapidated.

G. All fences shall be located completely within the property line and not within any public right-of-way. No fence shall be permitted to be within or to enclose any drainage easement, water meter or manhole, except upon the written authorization of the Building Official. Said authorization shall be revocable. Fences may be permitted within utility easements, subject to the City's right to remove or demand removal by the property owner at no cost to the City. The City shall in no case be responsible for the replacement or restoration of any fence located within an easement. A suitable gate to provide access will be provided when utility meters are enclosed by a fence.

H. All fences shall be constructed so that the side of the fence facing or viewable from the public right-of-way or an adjoining property shall be the finished side of the fence in terms of materials and their treatment, with all support posts and stringers to be placed facing inward toward the applicant' s property.

(1) A permit to allow the finished side of a fence to face toward the applicant's property may be issued by the Building Official, when both of the following conditions have been met:

(a) The subject fence is facing a parcel with a commercial or industrial land use; and

(b) Letters of no objection have been received from all landowners abutting the location of the subject fence.

(2) This provision shall not be subject to special exceptions.

I. All fences are permitted to a maximum of six feet in all zoning districts, except where appropriate as a buffer between residential and commercial uses. Fence heights may exceed six feet but not be greater than eight feet within a required side or rear yard between residential and commercial uses.

J. In residentially zoned districts, the only fence forward of the front building setback line that shall be allowed shall be a fence not in excess of 36 inches in height and not greater than 50% opacity. On waterfront property, a fence, wall or hedge within the required twenty-five-foot rear yard setback (measured from the seawall) shall not exceed three feet in height; provided, however, an open fence, as defined, is permitted to a height not to exceed four feet.

K. All height measurements shall be from average grade.

L. On parcels defined as through lots, where ingress or egress is prohibited from one of the abutting streets by plat covenants, the yard area adjacent to the said streets from which ingress or egress is prohibited shall be considered to be a rear yard for fence height and installation purposes.

M. All fences located in public easements will comply with the provisions of any subdivision regulations and any other applicable provisions of the City Code, or other applicable regulations.

N. No fences shall be allowed in any street right-of-way or in any alley.

O. No additional fence shall be permitted in a subdivision, condominium or other project of record other than that which was approved subject to a specific fence, wall or landscaping requirement established as part of the site plan approval process.

P. All chain-link fences should be installed with the pointed ends to the ground.

Q. For all corner lots, as defined in Chapter 130, Land Development Regulations, a fence no greater in height than six feet may be constructed in the front yard that is not the front yard of principal orientation for the structure.

§ 103-5 Prohibited fences.

[Amended 9-10-1991 by Ord. No. 91-05]

It shall be unlawful to erect, construct, install or maintain the following fence structures:

A. A fence which is, in whole or in part, beyond the boundary of private property.

B. A fence which is within six (6) feet of a fire hydrant.

C. A fence, wall, hedge or group of plantings that creates a visual obstruction as that term is defined in § 103-1.

[Amended 4-27-1993 by Ord. No. 93-08]

D. A fence in dilapidated condition, which appearance is neglected, unkempt or the condition of which, in whole or in part, is in substantial disrepair and, as a consequence, is either unsound, hazardous or ineffectual.

E. Any fence erected containing any hazardous substance such as broken glass, barbed wire, spikes, nails, electrically charged or similar materials designed to inflict pain or injury to any person or animal. Any fences constructed of such materials shall be deemed to be a public nuisance.

[Amended 7-1-2021 by Ord. No. 2021-02]

§ 103-6 Permit required.

[Amended 9-10-1991 by Ord. No. 91-05]

All fences erected after September 15, 1991, shall require a building permit prior to their installation or erection, and it shall be unlawful for any person to erect, alter or locate a fence within the City without first having made application for and having been issued a permit therefor. A building permit is required for fence replacement or any repair of existing fences exceeding fifty percent (50%) or more of the value of the existing fence.

A. Application for a fence permit shall be made to the Building Official and shall include a full site plan, to scale and in duplicate, showing:

(1) All structures on the site.

(2) All easements, rights-of-way and dedications.

(3) Legal description of the site and street address.

(4) Proposed location, length and height of fence.

(5) Description of the materials contained in the fence.

(6) Survey prepared by a licensed land surveyor. (The Building Official, in his discretion, may waive this requirement.)

B. The Building Official is hereby authorized to issue a fence permit upon finding that the proposed fence is in compliance with the provisions of this chapter and upon payment of the appropriate fee as set forth in the fee schedule which is adopted and kept on file at the Department of Community Improvement.[1]

[1] Editor's Note: See Ch. A198, Fees.

§ 103-7 Exemptions.

[Amended 2-18-1986 by Ord. No. 85-29; 9-10-1991 by Ord. No. 91-05]

The following fences are exempt from the provisions of § 103-6:

A. Temporary fences constructed of materials approved by the Building Official and not in excess of eight (8) feet in height which are erected at a construction site for the purpose of security and protection.

B. Fences erected at the direction of City officials for the protection of the public.

[Amended 7-1-2021 by Ord. No. 2021-02]

§ 103-8 Penalties for offenses.

[Amended 9-10-1991 by Ord. No. 91-05; 4-27-1993 by Ord. No. 93-08]

Any person, firm, corporation or agent who or which violates any of the provisions of this chapter or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code.

§ 103-9 Variances.

[Amended 9-10-1991 by Ord. No. 91-05; 1-24-1995 by Ord. No. 94-25; 7-1-2021 by Ord. No. 2021-02]

In requesting a variance from the provisions of this chapter, the procedures for variances in Chapter 130, Land Development Regulations, shall be followed.