HomeMy WebLinkAbout1393-19 Amend Fences, Walls and Hedges Standards INSTR#2019200341 OR BK 10011 PG 1006 Page 1 of 6
11/2212019 02:20 PM Rcpt 2111066 Rec:52.50 DS:0.00 IT:0.00
Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller
ORDINANCE NO.: 1393-19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA AMENDING PART 17.07.00 "FENCES,
WALLS, AND HEDGES" AND SECTION 7.11.02.05 "FENCING
AND WALLS STANDARDS APPLICABLE TO ALL
TRADITIONAL DEVELOPMENT DISTRICTS"OF THE CITY OF
ZEPHYRHILLS LAND DEVELOPMENT CODE;PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
i;'
WHEREAS, the City Council desires to minimize the adverse impacts upon adjacent
property owners,and to increase the aesthetic appeal of the community by establishing minimum
standards for the installation and maintenance of all human-made barriers and hedges within the
City;and
WHEREAS,the City Council desires to amend the City of Zephyrhills Land Development
Code's standards regarding Fences,Walls,and Hedges.
NOW THEREFORE,BE IT ENACTED,AND ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS,FLORIDA,THAT:
SECTION 1: That Part 7.07.00 of the City of Zephyrhills Land Development Code is hereby
repealed in its entirety and replaced with the following:
PART 7.07.00 FENCES,WALLS,AND HEDGES STANDARDS
§7.07.01 PURPOSE.The purpose of this Part is to promote the health,safety,and welfare
of residents, to minimize the adverse impacts upon adjacent property owners, and to
increase the aesthetic appeal of the community by establishing minimum standards for the
installation and maintenance of all human-made barriers and hedges within the City.
L::
§7.07.02 AUTHORITY.This Part implements the policies of the adopted Comprehensive
Plan. Compliance is a statutory precondition for the issuance of a Development Order,
Development Permit, Building Permit, and Certificate of Occupancy. The provisions of
this Part shall be administered and enforced by the Planning Director or his/her designee
and Building Official or his/her designee.
§7.07.03 APPLICABILITY.The requirements of this Part shall apply to all human-made
barriers and hedges erected within the City for the purpose of enclosure, exclusion,
protection,privacy,security,retainment,buffering,or aesthetics.In addition,if a business
has been closed for a minimum of 180 days or when a property changes ownership and/or
any property owner requesting a change or expansion of use would be required to meet the
minimum fences, walls, and hedges requirements, of this Part, to the maximum extent
feasible.
§7.07.04 CONFLICTS.If the regulations and requirements of this Part conflict with other
lawfully enacted and adopted rules, regulations, ordinances or laws, the more stringent
shall apply,unless otherwise stated herein.
r-- §7.07.05 STANDARDS WITHIN THE CITY'S SPECIAL AREAS(SAs).
L.:: SPECIAL AREAS SAs Defined—The City's SAs consist of the US Highway 301/Gall
Boulevard Corridor Vision Areas (includes North 301, Form-Based Code District, and
South 301),Zephyrhills Industrial Corridor, Community Redevelopment Agency(CRA)
Area(s),Historic District(s),and any other future SAs.For the purposes of the application
of this Land Development Code(LDC),the geographic area of SAs are further defined as
all properties within each SA. Where Master Plans or Design Standards &Regulations
have been adopted for a SA, the standards of that SA shall apply. In cases of conflict
between LDC standards and standards of a SA,the more stringent standard shall apply.
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OR BK 10011 PG 1007 Page 2 of 6
§7.07.06 GENERAL STANDARDS CITYWIDE.
(A) Fences,walls,or hedges are prohibited within any City,County,or State rights-of-
way.Fences,walls,or hedges shall not be permitted within an easement granted to the City
except by approval of City Council.Any fence or wall erected or hedge planted in violation
of this Section are subject to removal by the City and in no'case shall the City be liable for
removal,restoration,or compensation costs.Any damage to a City-owned utility caused
by erected fences or walls or planted hedges shall be repaired by the City at the expense of
the property owner,including any sodding that may be necessary.
(B) All fences or walls to be built shall comply with Chapters 95 and 156 of the City of
Zephyrhills Code of Ordinances and hedges to be planted shall comply with Chapter 95 of
the City of Zephyrhills Code of Ordinances and Part 7.06.00 of this Land Development
Code(LDC). The posts of each fence shall be resistant to decay, corrosion, and termite
infestation.Wooden posts shall be pressure-treated for strength and endurance.Each fence
or wall erected pursuant to this Section shall be of uniform construction and properly
maintained and in no case shall a fence or wall either be erected or maintained in such a
manner as to degrade neighborhood amenities or reduce surrounding property values or
maintained in such a state of disrepair so as to pose a hazard.
(C) All fences and walls shall be constructed of new, structurally safe, and durable
materials. Acceptable fence and wall materials include: wrought iron, aluminum,
PVC/vinyl, brick, masonry, stone, concrete aggregate, stucco finish (either colored or
painted),glass block,or other approved decorative materials.Concrete masonry shall be
permitted only if split face design or stucco covered.Fences and walls shall be designed to
complement the primary building style in materials and colors.Fences and walls shall not
contain substances such as broken glass,spikes, exposed nails,or similar items designed
to inflict injury or pain.Chain link(including chain link with slats)fences are prohibited
in R3,R4,OP,Cl,C2,RC,and PUD zoning districts.All chain link fences and associated
posts shall be black,brown,or green vinyl-coated to blend into surroundings.Wood fences
shall only be permitted on individual residential lots,but are not permitted as subdivision
perimeter fencing.Barbed wire is prohibited in all zoning districts except C3,LI,HI,API,
and AP2.Fences with electrical elements are prohibited on all properties within the City.
Agricultural gates of any kind are prohibited on all properties within the City.Applicants
(excluding single-family and duplex lots as well as mobile homes,manufactured homes,
and alternative housing on individually platted lots)shall provide visual relief from long
expanses of fences and walls that are visible from roadways(excluding alleyways)and are
greater than 30 feet in length through the use of meandering,staggering,capping,recessing,
or providing inlays,columns,pilasters,texture,or similar treatments at minimum every 10
feet.
(D) Fences,walls, and hedges may be located in all front,side,and rear yard setback
areas.The installation of athletic fences,to protect against errant balls or other objects,may
be approved due to unusual site or course layout.Athletic fences shall not exceed 25 feet,
unless approved by the Planning Director or his/her designee. Athletic fences in a City
public park shall be at the discretion of the Public Works Director or his/her designee.A
fence or wall required for safety and protection of hazard by the City's Departments,the
County, State, and Federal Governments (and any of their respective agencies,
departments, or bureaus), and Utility providers is not subject to height limitations.
Approval to exceed height limitations may be given by the Planning Director or his/her
designee upon receipt of satisfactory evidence of the need to exceed height limitations.
(E) In areas where the property faces two roadways or is located in any other area
construed to be a corner lot,no fence, wall, or hedge shall be located in the clear sight
triangle.A clear sight triangle is required to maintain a minimum of 200 feet sight distance
for motorists at all intersections of roadways or roadways and railroads. The minimum
clear sight triangle area is formed by the centerlines of intersecting roadways and a diagonal
line connecting points on the centerlines, which are 90 feet from the intersection of
centerlines.The clear sight triangle shall be free from obstructions such as fences,walls,
hedges,landscape materials,or parked vehicles in excess of three(3)feet above grade.
(F) The finished side of any fence or wall shall face the,adjoining lot or right-of-way.
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OR BK 10011 PG 1008 Page3of6
(G) No fence,wall,or hedge shall be construed or installed in such a manner as to interfere
with stormwater drainage on the site.
(H) Any fence,wall,or hedge,which becomes dilapidated or unsafe or is damaged in
excess of 30%of its total shall be ordered removed by the Building Official or his/her
designee.
(I) Any nonconforming fence,wall,or hedge which becomes dilapidated or unsafe or is
damaged shall be removed in its entirety or if rebuilt or replanted the reconstruction or
replanting shall place the entire fence,wall,or hedge in conformance with this LDC.
§ 7.07.07 ADDITIONAL STANDARDS IN RESIDENTIAL ZONING DISTRICTS
CITYWIDE.
(A) In residential zoning districts, fences and walls may be erected to a height not
exceeding six(6)feet in the side and rear yards, except that portion of the fence or wall
within the front yard setback shall not exceed four(4)feet.
(B) In residential zoning districts,hedges may be planted to a height not exceeding eight
(8) feet in the side and rear yards, except that portion of the hedge within the front yard
setback shall not exceed six(6)feet.
(C) For double frontage lots(not including corner lots)and multi-frontage lots located in
residential zoning districts,a fence,wall,or hedge of a height not exceeding six(6)feet
may be permitted on the property line of the non-primary front yard provided the clear
sight triangle is maintained.The primary front yard shall be associated with the street name
within the lot's physical address.
Figure 7.07-1:Residential Fence Placement,Scenario 1
FENCE
FENCE (4'M HEIGHT
(6'IN HEIGHT MAX) MAX)
SHALL BE IN
BACK OF BUILDING- --- -------
rt - 714. j
r.3 z1, z4,0•�,
Pe
.� 4 r" f�-� 1 I
PROPERTY h ;G t�'r5 r t.{f ti.. ..
i
Figure 7.07-2:Residential Fence Placement,Scenario 2
FENCE FENCE
Cr;IN HEIGHT MAX) t4'IN HEIGHT
SHALL BE IN MAX.)
BACK OF BIJLDMG
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rem
PROPERTTI-yi .m�'I:
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OR BK 10011 PG 1009 Page 4 of 6
Figure 7.07-3:Residential Fence Placement,Scenario 3
FENCE FENCE
(b'IN HEIGHT MAX.) (4'IN HEIGHT
SHALL BE IN max)
BACK OF BUILDING
17,1 AI-Z:i9FP.74 914'74,9 li
1 Y h�, f i' mt $iM 1
l
PROPERTY _.1':! M,.�. A'126.x 1
UNE ,�:`1.7 1- :Ll .- :==F 1
.
Figure 7.07-4:Residential Fence Placement,Scenario 4
PENCE FENCE
(6'IN HBGHT MAX) (4'IN HEIGHT
SHALL BE IN 11AX)
BACK OF BUILDING
13'Z1 PaIU."1 1�'.ta j I
PROPERTI'�r ..�~�-
LINE ! . T 1
Figure 7.07-5:Residential Fence Placement,Scenario 5
FEtleE FENCE
(6'IN HEIGHT MAX.) (4'IN HEIGHT
SHALL 13E M MAX.)
BACK OF BUILDING
T W r.
Pri PROPERTY��ti. �IL'f:1 Y''iCi16 _l
UNE I., ��ii"�^ t.,w•: - I
§ 7.07.08 ADDITIONAL STANDARDS IN NON-RESIDENTIAL ZONING
DISTRICTS CITYWIDE.
(A) In office/professional zoning districts,a fence or wall of a height not exceeding six
(6)feet may be permitted provided the clear sight triangle is maintained.
(B) In office/professional zoning districts, hedges may be planted to a height not
exceeding eight(8)feet in the side and rear yards,except that portion of the hedge within
the front yard setback shall not exceed six(6)feet.
I
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OR BK 10011 PG 1 01 0 Page 5 of 6
(C) In non-residential zoning districts(excluding office/professional zoning districts) a
fence,wall, or hedge of a height not exceeding eight(8)'feet may be permitted provided
the clear sight triangle is maintained.
(D) For security purposes, fences in C3, LI, HI, API, and AP2 zoning districts may be
topped with barbed wire of not more than three(3)strands,provided the lowest strand is
not less than six and one-half(6.5)feet above grade.The wire shall not overhang adjacent
property.
(E) Wood fences are prohibited in non-residential zoning districts.
§7.07.09 PERMIT REQUIRED.
(A) All persons,the City's Departments,the County,State,and Federal Governments(and
any of their respective agencies,departments,or bureaus),and Utility providers desiring to
construct any fence or wall shall first obtain a permit from the Building Department.All
applications shall include a survey showing the location of all existing roadways,existing
easements, existing property lines,existing structures(buildings,fences,walls,etc.),and
existing trees(six(6)inches diameter breast height or greater),and a plot plan,drawn to
scale,showing the location of all the existing features,previously mentioned,and proposed
structures,fences,walls,etc.Permit fees shall be based on the value of construction with a
minimum fee to be determined by the Building Official or his/her designee.However,the
City's Departments, the County, State, and Federal Governments (and any of their
respective agencies,departments,or bureaus)shall not require a permit fee.
(B) The property owner,prior to construction of any fence or wall and planting of any
hedge,shall assume the responsibility for determining by survey the correct boundaries of
the property to be fenced and the existence of any easement or rights-of-way that exist.
Failure to provide the Building Department with complete and accurate information when
applying for a permit shall be sufficient cause for the Building Official or his/her designee
to order the removal of any construction not in compliance with this Land Development
' Code(LDC).The procedures for issuance of a permit under this Section are prescribed in
Article XI of this LDC.
SECTION 2: That Section 7.11.02.05 of the City of Zephyrhills Land Development Code is
hereby repealed in its entirety and replaced with the following:
§7.11.02.05 FENCES AND WALLS.
(A) Fences and walls shall be subject to the standards of Part 7.07.00 of this LDC.
SECTION 3:REPEALER.Any and all ordinances in conflict herewith are hereby repealed to
the extent of any conflict.
SECTION 4:SEVERABILITY.It is declared to be the intent of the City Council of the City of
Zephyrhills, Florida, that if any section, subsection, sentence, clause, or provision of this
Ordinance shall be declared invalid,the remainder of this Ordinance shall be construed as not
having contained said section,subsection,sentence,clause,or provisions and shall not be affected
by��sucpph����hoollding.
0S ECTI41rg;+.S'y, I FECTIVE DATE.This Ordinance shall become effective upon passage on the
,.second readffie' ttsigning by the Mayor.
• Th OrdiilaticeT.393'-19:was read and passed on the fi• eading in an open and 'gular meeting
ofhthe.City Couric •of the City of Zephyrhills,Florida ' •is 14th day gf-/goober, 019.
• AttdSt: � ,/ �. A h l
c T��pf illman,City Clerk Ke ! M..Burgess,Jr, oun President
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OR BK 10011 PG 1011 Page6of6
The, or o g ,rdinance 1393-19 was read and passed on the second reading,following a public
heaft is an opei''�} id regular meeting of the City Cou '1 of the City of Zephyrhi Is,Florida,on
:t1.8th day of Nover,2019.
an,
HillmCity Clerk :nneth M.Burgess,Jr,i oun President
�'1
•
• yo� ` _ :a
The•fdT* ; r4arice 1393-19 was approved by me this 18th d of November,2019.
„. ‘44.;,/,,dE,
Gene Wield,May
Approved as to legal form and legal content for
the relianceoiCity of�hills only:
Matthew E.Maggard,Citty Attorney
_.J
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