§ 114-13. Fences.
It is the purpose of this section to regulate fences in order to protect the public health, safety and welfare.
(a)
Height. In general, all fences shall be measured from the highest finished elevation adjacent to the fence and shall not exceed six feet in height.
(1)
For any parcel of land with access to U.S. 1, any property with access to an arterial road and/or any property developed with a nonresidential use, a fence shall not exceed three (3) feet in height within a clear sight triangle as defined in Section 114-201;
(2)
For any parcel of land located along US 1 or adjacent to the intersection of any two public roads, a fence shall not exceed three (3) feet in height within a clear sight triangle as defined in section 114-201 and/or according to FDOT and national American Association of State Highway and Transportation Officials (AASHTO) standards, whichever is more restrictive;
(3)
For any parcel of land developed with a single-family residential residence and on a local road, a fence located within a clear sight triangle as defined in Section 114-201 may exceed three (3) feet in height if located a minimum of ten (10) feet from the edge of pavement of the road, the sidewalk or the bike path, whichever is closest to the property line. On unpaved streets, the distance shall be measured from the approximate edge of the cleared right-of-way;
(4)
A fence shall not exceed four (4) feet in height within any front yard setback or within any side yard setback that overlaps with a front yard setback, as required pursuant to Chapter 131, except as follows:
a.
Within all land use (zoning) districts, fences of up to five (5) feet in height may be permitted if constructed of chain-link or another material that does not impair visibility. Construction details and materials for fences, other than chain-link, must be approved by the Planning Director;
b.
Within the Airport (AD), Commercial 1 (C1), Commercial 2 (C2), Commercial Fishing Area (CFA), Commercial Fishing Special District (CFSD), Commercial fishing Village (CFV), Destination Resort (DR), Industrial (I), Maritime Industries (MI), Mixed Use (MU), Recreational Vehicle (RV), Suburban Commercial (SC) and Urban Commercial (UC) Land Use (Zoning) Districts, fences of up to six (6) feet in height may be permitted, provided the fences are not located within clear sight triangles as defined in Section 114-201 and/or according to FDOT and national AASHTO standards, whichever is more restrictive;
c.
Within the Improved Subdivision (IS), Native Area (NA), Sparsely Settled (SS), Suburban Residential (SR) and Suburban Residential Limited (SR-L) Land Use (Zoning) Districts, fences of up to six (6) feet in height may be permitted, provided that no other residentially developed property is located within 200 feet of the subject property and provided the fences are not located within clear sight triangles as defined in Section 114-201 and/or according to FDOT and national AASHTO standards, whichever is more restrictive;
d.
Notwithstanding the provisions of (a)(4) and (a)(4)c. of this section, on Stock Island and on Key Haven, fences of up to six (6) feet may be permitted, provided they are not located within clear sight triangles as defined in section 114-201 and/or according to FDOT and national AASHTO standards, whichever is more restrictive. In addition, parcels of land on Stock Island and Key Haven that are developed with single family dwellings may incorporate entry features of greater than six (6) feet within fences, provided all of the following design criteria are met:
1.
The entry feature is defined as a continuous fence or gate, or combination thereof, located contiguous to and on both sides of the main access (driveway) to the property which is designed and intended to control and/or demarcate the access to the property. An "entry feature" includes all walls, buttresses, guy wires, integral signs and decorative features attached thereto up to a maximum width of 12 feet, or 15 percent of the lot width whichever is greater, a maximum height of ten (10) feet, and four (4) feet in depth or six (6) percent of the lot depth whichever is greater as measured from the front property line; and
2.
The entry feature shall not be located in any side yard setback required pursuant to Section 131-1; and
3.
The entry feature shall be compatible with the existing development in the immediate vicinity, shall be in harmony with the general appearance and character of the community, and shall not be otherwise detrimental to the public welfare; and
4.
The entry feature shall be designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent structures while affording the applicant a reasonable use of the land; and
5.
The entry feature shall require a building permit for its construction and in addition to the normal building permit application requirements, the application shall include a scaled site plan and elevations for the entry feature that shows the height, width and length of each element of the entry feature applied for, including any decorative or non-functional elements; and identification of the materials composing each element of the structure (e.g. wire, stone, chain-link, wood, etc.).
(5)
When it is necessary to use a fence to contain athletic activity, the fence may be erected to a maximum of twelve (12) feet in height, if constructed of chain-link or another material that does not impair visibility. Construction details and materials for fences other than chain-link must be approved by the Planning Director;
(6)
When it is necessary to use a fence to contain a public use for safety and/or security purposes (i.e. high voltage substations, pumping stations, public wastewater treatment facilities), the fence may be erected to a maximum height provided in national, state or otherwise recognized industry code, if it is designed in accordance with community character as determined by the Planning Director.
(b)
Setbacks. In general, notwithstanding the setback requirements in Section 131-1, fencing may be located anywhere on the property, including the property line, except as follows:
(1)
The use of a fence shall not negate bufferyard requirements and standards. The clearing of existing native vegetation to locate a fence in the bufferyard shall only be permitted to facilitate the construction of fences located along the inside or outside edge of the required bufferyard.
(2)
No fence shall be placed so as to extend into or through any wetlands or water bodies, or extend beyond the mean high tide line on any property.
(3)
In no event shall fences be approved if they restrict fire and emergency access to individual or adjacent properties.
(4)
Additional setback requirements for Big Pine Key and No Name Key are provided in subsection (c) of this section.
(c)
Additional requirements for Big Pine Key and No Name Key as required by LCP, HCP and ITP for Big Pine Key and No Name Key. The purpose of this subsection is to recognize and provide for the particular habitat needs of the Florida Key Deer (Odocoileus virginianus clavium) on Big Pine Key and No Name Key so that deer movement throughout Big Pine Key and No Name Key is not hindered while allowing for reasonable use of minimal fencing for the purposes of safety and protection of property. In addition to all other standards set forth in this section, all fences located on Big Pine Key and No Name Key shall meet the standards of this subsection as listed below:
(1)
In the Improved Subdivision (IS) Land Use (Zoning) District, fences shall be set back as follows:
a.
On canal lots, fences shall be set back at least 15 feet from the edge of abutting street rights-of-way; and built to the edge of all other property lines or as approved through a U.S. Fish and Wildlife Service coordination letter; and
b.
On all other lots, fences shall be set back at least 15 feet from the edge of abutting street rights-of-way, at least five feet from side property lines and at least ten feet from the rear property line, or as approved through a U.S. Fish and Wildlife Service coordination letter.
(2)
In land use (zoning) districts other than Improved Subdivision (IS), fences may enclose up to a maximum of and not to exceed the net buildable area of the parcel only.
(3)
Enclosure of the freshwater wetlands by fences is prohibited.
(4)
All fences shall be designed and located such that Key Deer access to native habitat, including pinelands, hammocks, beach berms, salt marshes, buttonwoods and mangroves is maintained wherever possible.
(5)
All fences shall be designed and located such that Key Deer corridors, as identified by the U.S. Fish and Wildlife Service, shall be maintained.
(6)
Fences shall not be permitted without a principal use except where the enclosed area consists of disturbed lands or disturbed land with exotics.
(d)
Use. Fences may be allowed as accessory uses/structures within any Land Use (Zoning) District. Notwithstanding the definition of accessory use in Section 101-1, fences may be allowed without a principal use where upland security is required.
(e)
Construction material. Fences may be constructed of natural or manmade materials, including, but not limited to, brick, lumber, stone, metal, plaster, concrete and masonry, except for barbed wire and razor wire, which are prohibited except in the Industrial (I) and Airport (AD) Land Use (Zoning) Districts.
(f)
Attachments to fences. No attachments to fences shall be allowed. The only exception shall be a maximum of two electrical lights attached to the fence. Such lights shall not exceed two feet in height above the maximum height limit of the fence. These lights shall comply with all outdoor lighting requirements of Article VI of this chapter.
(g)
Required permit. All fences shall be constructed pursuant to a building permit issued by the county building department and, if applicable, according to the requirements of the HCP/ITP.
(h)
Limited clearing. To allow construction of fences and gates, limited clearing may be permitted if the following design standards have been met:
(1)
Such limited clearing does not occur in scenic highway corridors as defined and required in this Land Development Code;
(2)
Limited clearing shall not remove native vegetation that would provide for the minimum buffer required in Section 114-124; and
(3)
Existing tree canopies within hardwood and pineland hammocks are not removed.
(i)
Maintenance. All fences shall be maintained in good repair at all times.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)