07-97 ORDINANCE NO. 7-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5,
"WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT
THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WHERE
THEY ARE DEEMED TO CREATE A SIGHT OBSTRUCTION;
PROVIDING A MEASUREMENT METHOD FOR HEIGHT;
RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT
AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING;
PROVIDING SCREENING REQUIREMENTS FOR MASONRY WALLS;
PROVIDING FOR SETBACKS AND LANDSCAPING; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 27,
1997, and has forwarded the change with a unanimous recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.5, "Walls,
Fences, and Hedges", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.6.5 Walls, Fences, and Hedges
(A) Relationship to travelways: ~/~Walls, fences hedges
or similar structures shall not be erected in the public right-of-way
nor close to the public right-of-way in a manner which ~ /Z~
~~/~~ will obstruct visibility or otherwise interfere
with the proper flow of vehicular traffic, pedestrian safety, or the
provision of services. Where deemed to create a sight obstruction,
fences, hedges and walls shall be maintained at a height not exceeding
three feet. On corner lots and at points of access, additional
restrictions requirinq provision of adequate sight triangles are
provided in Section 4.6.14(A).
(B) Dangerous features: No walls, fences or hedges shall
contain any substance such as, but not limited to, barbs, broken
glass, nails or spikes, nor shall anv fence be electrically charged.
However, two feet of barbed wire may be placed upon a six foot or
higher fence in nonresidential zone districts.
(C) Height Restrictions: ~ /~all~, fence~ or hedge~
located in a required front yard or street side yard shall not exceed
six feet (6') in height. ~/~all~, fence~ or hedge~ located in a
required interior side or rear yard shall not exceed eight feet (8')
in height. Such height is further regulated by subsection (A), above.
For the purpose of this section, heiqht is to be measured from the
undisturbed (natural) qrade of the qround adjacent to the exterior of
the fence, wall or hedqe..
(D) Fence T~pes: Chain link fencinq located in the front
and street side yards shall be black or qreen vinyl coated, unless
screened by hedqinq which is to be maintained at the full heiqht of
the fence. Fencinq that is qreater than 75% opaque and located in
front and street side yards shall also be screened by hedq~.nq which is
to be maintained at the full heiqht of the fence.
(E) Masonry Walls: Masonry walls located in the front and
street side yards shall be screened by landscape material that is to
be maintained at a minimum heiqht equal to half of the heiqht of the
wall. Landscape materials must be of the ty~e that will reach the
required height within two years of plantinq.
(F) Setbacks: Fences and walls which are required to be.
landscaped shall be set back a minimum of two feet (2') from the
property line to provide adequate area for veqetation to mature.
Additional restrictions with respect to setbacks are provided in
Section 4.6.16(.3) (a) .
(G) Landscapinq: All required landscape materials shall be
as approved by the City Horticulturist and shall comply with
applicable provisions of Section 4.4.16.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid
- 2 - Ord. No. 7-97
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day of February , 1997.
ATTEST:
City Cl~k -- ;
First Reading February 4, 1997
Second Reading February 18, 1997
- 3 - Ord. No. 7-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 7-97
(WALLS, FENCES AND HEDGES)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 7-97
which amends Section 4.6.5 of the Land Development Regulations
concerning walls, fences and hedges. This amendment has been
though several drafts since 1995. It is now proposed with
language that restricts the height of walls, fences and hedges to
three feet in areas where they are deemed to create a sight
obstruction. The amortization provision has been removed.
Other changes include the addition of language which requires
chain link fences located in front or street side yards to be
either black or green vinyl coated or be screened by hedges, and
requires all fences which are greater than 75% opaque to be
screened by hedges. A provision is added to allow the height of
walls, fences and hedges to be measured from the natural grade of
the ground. Also, setback and landscape requirements are
provided.
The Planning and Zoning Board considered the amendment at a public
hearing on January 27, 1997. After discussion, the Board voted
unanimously to recommend approval of the amendment with the
language contained in the attached ordinance. At first reading on
February 4, 1997, the Commission passed the ordinance by unanimous
vote.
Recommend approval of Ordinance No. 7-97 on second and final
reading.
ref:agmemol0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'I
SUBJECT: AGENDA ITEM # /~ - REGULAR MEETING OF FEBRUARY 4, 1997
FIRST READING FOR ORDINANCE NO. 7-97 (WALLS, FENCES AND
HEDGES)
DATE: JANUARY 31, 1997
This is first reading for Ordinance No. 7-97 which amends Section
4.6.5 of the Land Development Regulations concerning walls, fences
and hedges. This amendment has been though several drafts since
1995. It is now proposed with language which restricts the height
of walls, fences and hedges to three feet in areas where they are
deemed to create a sight obstruction. The amortization provision
has been removed.
Other changes include the addition of language which requires
chain link fences located in front or street side yards to be
either black or green vinyl coated or be screened by hedges, and
requires all fences which are greater than 75% opaque to be
screened by hedges. A provision is added to allow the height of
walls, fences and hedges to be measured from the natural grade of
the ground. Also, setback and landscape requirements are
provided.
The Planning and Zoning Board considered the amendment at a public
hearing on January 27, 1997. After discussion, the Board voted
unanimously to recommend approval of the amendment with the
language contained in the attached ordinance.
Recommend approval of Ordinance No. 7-97 on first reading. If
passed, a public hearing will be scheduled for February 18, 1997.
ref:agmemol0
TO: DAVID T. HARDEN
CITY MANAGER
IHRU: D R
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, ~_J;~INCIPAL PLANNER
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4,1997
AMENDMENT TO LDR SECTION 4.6.5 FOR WALLS, FENCES, AND
HEDGES.
The action requested of the City Commission is approval of an amendment to Section
4.6.5 of the Land Development Regulations (LDRs) Walls, Fences, and Hedges.
The proposed amendment adds language which restricts fences, hedges, and walls to
three feet in areas where they are deemed to create a sight obstruction. Additional
reference is made to restrictions which require provision of sight triangles for corner lots
and mid block accessways under Section 4.6.14(A). The amendment adds language
which requires chain link fences located in the front and side street yards to be either
black or green vinyl coated, or be screened by hedges, and requires all fences which
are greater than 75% opaque to be screened by hedges.
The amortization language added by the Planning and Zoning Board in its prior
consideration of the LDR amendment has been removed in its entirety. The City
Commission had considerable concern and discussion with respect to the proposed
language which would have allowed non-conforming situations to continue until the
year 2000. The City Commission's position was that if existing situations were
identified as a sight obstruction they are a hazard and should not be legitimized for any
period of time.
City Commission Documentation
Amendment to LDR Section 4.6.5. for Walls, Fences, and Hedges
Page 2
The current amendment also adds language which will allow the height of walls, fences
and hedges to be measured from the undisturbed (natural) grade of the ground
adjacent the exterior of the wall, fence or hedge. This simplified measurement method
will reduce the need for expensive topographic surveys and will make it easier for
building inspectors to measure the facilities in the field.
The Planning and Zoning Board considered the amendment at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the changes.
The Board had significant discussion relating to the screening of fences within the front
and side street yards and recommended the following language be added to the
amendment:
· That the initial reference to the requirements to screen board-on-board and shadow
box fences in the front and side street yards be expanded to include any fences
which are greater that 75% opaque.
· That non-vinyl chain link fences be allowed in the front and side street yards if
screened by hedging which is to be maintained at the full height of the fence.
· That masonry walls in the front and side street yards be screened with landscaping
which shall grow to a minimum of 50% screening within two years of planting.
· That fences and walls which are to provide landscaping shall be setback a
minimum of 2' from the property line to provide adequate area for vegetation to
mature.
The Board's recommendations have been incorporated in the attached amendment.
By motion, approve the attached amendment to Section 4.6.5. (Walls, Fences, and
Hedges).
Attachments:
· LDR amendment Section 4.6.5
A PUBLIC HEARING will be hetd
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PEALER C~USE, AND AN EFFEC-
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AN ORDiNAtE OF THE CITY C~
MISSION OF THE CITY OF DELRAY
B~CH, FLORIDA,
THE WEST S~LERS HISTORIC
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STRI~ THE ~I~UM HEIGHT OF
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"AN ORDINANCE OF THE CITY COM.
'MISSION Of: THE CITY Of: DELRAY
~'~EACH, FLORIDA, AMENDING SEC-
~ION 2.43{E), ~RAFRIC STATE.
~ENT~ AND STUDIES~, SECTION
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TRAFFIC PERFO~NCE STAN-
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TRAFFIC STAT~ENTS AND STU~
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PEA~R C~USE, A ~VING
C~USE, AND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA. ~ENDING
PROVISIONS OF THE CODE OF OR.
DINANCES AND ~NO DEVELO~
MENT REGU~TIONS OF THE
OF DELRAY BEACH PERTAINING
TO WATER AND SEWER FEES,
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FEE~, OF THE CODE OF ORDI-
nAtES TO ~OVIDE P~ THE
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TER SYSTEM I~PACT FEE; DE.
LETING SECTION 5.3.3(G), 'IMPACT
FEE REQUIRE~ OF THE
DEVELOPMENT REGU~TIONS;
PROVIDING REFERENCES TO THE
CITY CODE OF ORDinAnCES FOR
WATER SYSTEM CONNEXION
FEES, METER
FEES AND SEWER SYSTEM CON-
NECTION FEES; PROV~OING
GENERAL REPEALER C~USE; A
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