ORDINANCE 19-18 AN ORDINANCE AMENDING TITLE LAND …

ORDINANCE 19-18

AN ORDINANCE AMENDING TITLE XV "LAND USAGE", ARTICLE XI"SUPPLEMENTARY USE STANDARDS", CHAPTER 158, "ZONING CODE"OF THE CODE OF ORDINANCES OF THE CITY OF PORT ST. LUCIE BYAMENDING SECTION 158.216 "FENCES AND WALLS"; PROVIDING FORCONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORCODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Port St. Lucie, Florida adopted amendments to the City of Port

St. Lucie Comprehensive Plan by Ordinance 12-19 (the "Comprehensive Plan"); and

WHEREAS, Section 163.3202, Florida Statutes, provides for the amendment and

enforcement of land development regulations that are consistent with and implement the adopted

comprehensive plan; and

WHEREAS, Section 163.3174. Florida Statutes, provides that the Local Planning Agency

shall review proposed land development regulations and make recommendations to the governing

body as to the consistency of the proposed land development regulations with the adopted

Comprehensive Plan; and

WHEREAS, this City initiated code amendment, P18-179, proposes to amend section

158.216 (B) to adjust the height of fences on residential property where there are significant

elevation changes; and

WHEREAS, currently section 158.216(B) establishes the height of a residential fence to

be no higher than six (6) feet "measured from ground level"; and

WHEREAS, in many cases, due to the ground level at the fence line, a six (6) foot high

fence does not offer a desired level of privacy to the property owner; and

WHEREAS, keeping a maximum six (6) foot high fence is adequate if the fence is

measured from the finished floor elevation of the house instead of being measured at ground

level; and

WHEREAS, the City of Port St. Lucie Planning and Zoning Board having been duly

designated as the local planning agency pursuant to Section 163.3174, Florida Statutes, and

having held a public hearing thereon, has considered this proposed amendment to the Code of

Ordinances (P18-179) and submitted its recommendations thereon to the City Council; and

of 7Additions to text are indicated by underline; deletions by strike-e-ut.

P18-I79 - City of PSL - Section 158.216 Fence and Walls Zoning Text Amendment

ORDINANCE 19-18

WHEREAS, having considered the recommendations of the Planning and Zoning Board,

the Port St. Lucie City Council has found and determined that the adoption of an amendment to

section 158.216 will foster and preserve the public health, safety and welfare; improve and protect

the environment and value and character of the community; and implement the adopted

comprehensive plan.

NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS:

Section 1.

Ratification of Recitals. The City Council of the City of Port St. Lucie,

Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals.

Section 2. Section 158.216 (Fences and Walls), Article XI (Supplementary Use

Standards), Chapter 158 (Zoning Code), Title XV (Land Usage) of the Code of Ordinances

of the City of Port St. Lucie is amended as follows:

Sec. 158.216. - Fences and Walls.

(A) Construction. All fences on property zoned residential shall consist of the following

materials: Chain link, wood, masonry, or stone, aluminum, vinyl coated steel or polyester

powder steel, ornamental and imitation wood fences. Chicken wire or barbed wire fences in

residential districts are not permitted. Vinyl coated welded wire may be used as an interface to

a wooden fence. Interface is defined as a material placed upon an existing fence, inside its

common boundaries for the purpose of providing additional security. Masonry or stone walls

shall be prohibited in utility and drainage easements on single-family residential zoned

property, unless a specific waiver has been approved by the zoning administrator and City

Engineer. All metal or wood fences located in utility or drainage easements shall be

constructed to be easily removable.

(B) Height. No residential fence shall be of a height greater than six (6) feet measured from

the finished floor elevation of the •rimary_structure on the subject property, not to exceed eight

(8) feet from the ground level. This height limitation is not intended to apply to enclosures

surrounding or part of recreational or sporting facilities. Fences permitted for or enclosures

of 7Additions to text are indicated by underline; deletions by stFii-eout.

P18-179 - City of PSL - Section 158.216 Fence and Walls Zoning Text Amendment

ORDINANCE 19-18

surrounding recreational or sporting facilities will be evaluated by the zoning administrator on

an individual basis.

(C) Distance from the Front Yard Property Line. All fences on property zoned single-

family residential shall be located at least twenty-five (25) feet from the front yard property

line or even with the outside front corners of the building, whichever distance from the front

yard property line is greater.

158

Fence must notextend beyond frtlntoutside corners ofthe building

Front property line

Front Property Line

(E) Distance from the Side Yard Property Line for Corner Lots. On corner lots zoned

single family residential, fences may be erected inside and adjacent to the side yard property

line abutting a street right-of-way if the fence will not encroach into the sight triangle. The

sight triangle shall be the triangular area formed by the street property lines and a line

connecting them at points 25 feet from the intersection of street lines, or in case of a rounded

property corner from the intersection of street property lines extended.

of 7Additions to text are indicated by underline; deletions by strike-e-u-t-.

P18-179 - City of PSL- Section 158.216 Fence and Walls Zoning Text Amendment

ORDINANCE 19-18

Property Lin•

Fence

Fence

CleatS

ij..Sighht Zone

Property Lino 1

\ Edge or Road

25'1

J

Corner Lots

(F) Fences to be Inside Property Line, Maintenance Responsibility. All fences shall be

erected inside the property line as set out on the plat adopted by the City. The maintenance of

the property on both sides of the fence shall be the responsibility of the property owner.

(G) Enclosures for Swimming Pools.

(1) Where any pool is constructed on a lot located in the city, there shall be a fence, or a

suitable enclosure as set forth in the Standard Swimming Pool Code around the pool

area. The pool area shall be considered to include the concrete patio.

(2) If the enclosure around the pool area shall be a fence, the fence shall be a minimum

of four (4) feet in height and a maximum of six (6) feet in height.

(3) The requirements of this section shall not apply to those residential lots wherein a

residential fence otherwise complying with all of section 158.006 and being at least of a

height of five (5) feet from the ground level has been constructed.

of 7Additions to text are indicated by underline; deletions by s-tr-ikeo .


ORDINANCE 19-18

(H) Fences used as Landscape Material. On property zoned residential, segments of fencing

may be utilized as landscaped treatment in that area extending from the front building line to

the front property line provided that no property is enclosed. Fence material shall not exceed

four (4) feet in height. A two-foot break is required for each twenty feet in length. The fence

material shall be limited to wood, masonry, stone, vinyl or metal picket.

(I) Nonresidential Fences. Fences adjacent to residential property shall conform to the

requirements of subsections (B) through (F) above, and Chapter 154, as well as other

applicable codes and regulations of the City.

(J) Fences on vacant residential lots. Fences shall only be permitted on a vacant residential

lot/s when the following criteria have been met:

(1) The vacant lot/s shall be adjacent to a lot that has an existing primary use.

(2) Both the vacant lot/s and the adjacent lot with a primary use shall be in common

ownership.

(3) All lots must be located in the same zoning district and in the same future land use

designation.

(4) The proposed fence shall meet the side, front, and/or rear setback requirements

when abutting a public right-of-way as defined in subsections(C), (D) and (E).

(5) In the event that the abutting street to the subject property has a predominant fence

setback that is greater than the requirements of this chapter, all proposed fences on that

street shall be located to conform to that setback.

of 7Additions to text are indicated by underline; deletions by s-u-i-keout.


ORDINANCE 19-18

Rounufnag.Eat

) - 26'

Per sect. 168713

Double Lots

(K) The permit applicant shall sign an affidavit from the Building Department accepting

responsibility for compliance with the City's regulations as stated in j 158.216 for all fence

installations.

Section3. All remaining provisions of section 158.216 shall remain in full force and

effect.

Section4. Conflict. If any ordinances, or parts of ordinances, are in conflict herewith

this Ordinance shall control to the extent of the conflicting provisions.

Section 5. Severability. The provisions of this Ordinance are intended to be severable.

If any provision of this Ordinance is determined to be void or is declared illegal, invalid. or

unconstitutional by a Court of competent jurisdiction, the remainder of this Ordinance shall

remain in full force and effect.

Section 6. Codification. The provisions of this Ordinance shall be made a part of the

Code of Ordinances of the City of Port St. Lucie, Florida. The sections of this Ordinance may be

renumbered or re-lettered to accomplish such intentions; the word "ordinance" may be changed to

"section" or other appropriate word as may be necessary.

of 7Additions to text are indicated by underline; deletions by szt '-ems.


ORDINANCE 19-18

Section7. Effective Date. This Ordinance shall become effective ten (10) days after

final adoption on second reading.

PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida,

this day of , 2019.

CITY COUNCIL

CITY OF PORT ST. LUCIE, FLORIDA

BY:

Gregory J. Oravec, Mayor

ATTEST:

Karen A. Phillips. City Clerk

APPROVED AS TO FORM:

James D. Stokes, Interim City Attorney

of 7Additions to text are indicated by underline: deletions by s-t-r--i-keout.


Exhibit64A,9

to Ordinance 19-

Exhibit A

Sec. 158.21 6. - Fences and Walls.

(A) Construction. All fences on property zoned residential shall consist of thefollowing materials: Chain link, wood, masonry, or stone, aluminum, vinyl coated steelor polyester powder steel, ornamental and imitation wood fences. Chicken wire orbarbed wire fences in residential districts are not permitted. Vinyl coated welded wiremay be used as an interface to a wooden fence. interface is defined as a materialplaced upon an existing fence, inside its common boundaries for the purpose ofproviding additional security. Masonry or stone walls shall be prohibited in utility anddrainage easements on single-family residential zoned property, unless a specificwaiver has been approved by the zoning administrator and City Engineer. All metal orwood fences located in utility or drainage easements shall be constructed to be easilyremovable.

(B) Height. No residential fence shall be of a height greater than six (6) feet measuredfrom the finished floor elevation of the primary structure on the subiect property, not toexceed eight (8) feet from the ground level. This height limitation is not intended toapply to enclosures surrounding or part of recreational or sporting facilities. Fencespermitted for or enclosures surrounding recreational or sporting facilities will beevaluated by the zoning administrator on an individual basis.

(C) Distance from the Front Yard Property Line. All fences on property zonedsingle-family residential shall be located at least twenty-five (25) feet from the frontyard property line or even with the outside front corners of the building, whicheverdistance from the front yard property line is greater.

158

Fence must notextend beyond /rentoUtSii

COrAOre ofthe bonding

Front Property Line

(E) Distance From the Side Yard Property Line for Corner Lots. On corner lotszoned single family residential, fences may be erected inside and adjacent to the sideyard property line abutting a street right-of-way if the fence will not encroach into thesight triangle. The sight triangle shall be the triangular area formed by the street

Page 1 of 3

P18-179 - City of PSL - Section 158.216 Fence and Walls Zoning Text Amendment - Exhibit A

Exhibit A

property lines and a line connecting them at points 25 feet from the intersection ofstreet lines, or in case of a rounded property corner from the intersection of streetproperty lines extended.

Property Lim

Fence

F. nee

CiBaT

Sight Zone

25'

25'-.;

Edge or Road

Corner Lots

(F) Fences to be Inside Property Line, Maintenance Responsibility. All fencesshall be erected inside the property line as set out on the plat adopted by the City. Themaintenance of the property on both sides of the fence shall be the responsibility ofthe property owner.

(G) Enclosures for Swimming Pools.(1) Where any pool is constructed on a lot located in the city, there shall be afence, or a suitable enclosure as set forth in the Standard Swimming Pool Codearound the pool area. The pool area shall be considered to include the concretepatio.

(2) If the enclosure around the pool area shall be a fence, the fence shall be aminimum of four (4) feet in height and a maximum of six (6) feet in height.

(3) The requirements of this section shall not apply to those residential lotswherein a residential fence otherwise complying with all of t'L .1t)X andbeing at least of a height of five (5) feet from the ground level has beenconstructed.

(H) Fences used as Landscape Material. On property zoned residential, segmentsof fencing may be utilized as landscaped treatment in that area extending from thefront building line to the front property line provided that no property is enclosed. Fencematerial shall not exceed four (4) feet in height. A two-foot break is required for eachtwenty feet in length. The fence material shall be limited to wood, masonry, stone, vinylor metal picket.

Page 2 of 3


Exhibit A

(I) Nonresidential Fences. Fences adjacent to residential property shall conform tothe requirements of subsections (B) through (F) above, and as well asother applicable codes and regulations of the City.

(J) Fences on vacant residential lots. Fences shall only be permitted on a vacantresidential lot/s when the following criteria have been met:

(1) The vacant lot/s shall be adjacent to a lot that has an existing primary use.

(2) Both the vacant lot/s and the adjacent lot with a primary use shall be incommon ownership.

(3) All lots must be located in the same zoning district and in the same futureland use designation.

(4) The proposed fence shall meet the side, front, and/or rear setbackrequirements when abutting a public right-of-way as defined in subsections(C),(D) and (E).

(5) In the event that the abutting street to the subject property has apredominant fence setback that is greater than the requirements of this chapter,all proposed fences on that street shall be located to conform to that setback.

DOUBLELOT1MDTH

Double Lots

(K) The permit applicant shall sign an affidavit from the Building Department acceptingresponsibility for compliance with the City's regulations as stated in ,2 ''6 for allfence installations.

Page 3 of 3


PORT ST. LUCIE CITY COUNCILAGENDA ITEM SUMMARY

Meeting Date: March 25, 2019

Agenda Item #: 1 OC

PLACEMENT: First Reading of Ordinances

ACTION REQUESTED: Motion / Vote

ADOPT ORDINANCE - CITY OF PSL SECTION 158.216 FENCES AND WALLS ZONINGTEXT AMENDMENT (P18-179)

SUBMITTED BY: John Finizio, Principle Planner.

STRATEGIC PLAN LINK: The City's Mission to plan for smart and balanced growth.

EXECUTIVE SUMMARY (General Business): This is a City initiated zoning text amendment to Section158.216, Fences and Walls, of the zoning code. This text amendment proposes measuring fenceson residential property from the finished floor of the primary structure and setting a maximum fenceheight of eight (8) feet. Currently fences on residential property have a maximum height of six (6)feet and are measured from ground level.

PRESENTATION INFORMATION: Staff may provide a presentation.

STAFF RECOMMENDATION: The Planning and Zoning Department found the proposed amendmentto Section 158.216 of the Zoning Code to be consistent with the City's Comprehensive Plan andrecommended approval to the Planning and Zoning Board.

Move that the Council adopt the ordinance as recommended by the Planning and Zoning Board.

ALTERNATE RECOMMENDATIONS:1. Move that the Council amend the recommendation and adopt the ordinance.2. Move that the Council not adopt the ordinance and provide staff directions.

BACKGROUND: On March 5, 2019, the Planning and Zoning Board unanimously recommendedapproval of this zoning text amendment as recommended by staff.

ISSUES/ANALYSIS: This text amendment is in direct response to City Council direction to staff, in aneffort to address privacy concerns on residential property. This text amendment should address theconcern by requiring a fence to be measured at finished floor elevation.

FINANCIAL INFORMATION: N/A

SPECIAL CONSIDERATION: N/A

LOCATION OF PROJECT: N/A

Agenda Memorandum (General Business) V 3.8.1

ATTACHMENTS:

1. Ordinancea. Exhibit A

2. Staff Report

NOTE: All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) notprovided in City Council packets are available upon request from the City Clerk.

LEGAL SUFFICIENCY REVIEW:Reviewed by Elizabeth Hertz, Deputy Ci Attorney. Approved as to Legal form and sufficiency byJames D. Stokes, Interim City Attorney

ROUTING:1. Department requesting Agenda Item: N/A

APPROVAL(S):2. Department preparing Agenda Item: Planning and Zoning Interim Director Teresa Lamar-Sarno

3. Secondary Department Approval: N/A4. City Manager' s Office: Jesus Merejo, Assistant City Manager5. City Manager's Office: Patricia Roebling, Assistant City Manag

n6. City Manager: Russ Blackburn' 2 -

RECEIVEDMAR 1 3 2019

CITY MANAGER'S OF'

Agenda Memorandum (General Business) V 3.8.1

ATTACHMENT661

to City Council Agenda Item Summary

(City CouncilOrdinance 19- )

ATTACHMENT66211

to City Council Agenda Item Summary

(Staff report)

ITEM 7 (A-1)

City of Port St. LuciePlanning and Zoning Department Memorandum

TO:

PLANNING AND ZONING BOARD - MEETING OF MARCH 5, 2019

FROM:

JOHN FINIZIO, PLANNER

RE:

CITY OF PSL - SECTION 158.216 FENCES AND WALLS -ZONING TEXT AMENDMENTPROJECT NO. P18-179

DATE:

FEBRUARY 20, 2019

BACKGROUND:

This is a City initiated zoning text amendment to Section 158.216, Fences and Walls, ofthe zoning code. Section 158.216 addresses all the fence and wall requirements forresidential lots, which governs materials, height, setbacks and maintenance. Thepurpose of this text amendment is to adjust the height of fences on residential propertywhere there are significant elevation changes. Section 158.216 (B) establishes theheight of a residential fence to be no higher than six (6) feet "measured from groundlevel". In many cases, due to the ground level at the fence line, a six (6) foot high fencedoes not offer a desired level of privacy to the property owner. City Council gave staffdirection, after Ms. Maureen Burke, a resident, spoke at Public to Be Heard at theregular City Council meeting on October 22, 2018, to re-visit the topic of fence height forproperties zoned residential.

When a lot is being developed, the building's finished floor is naturally built up over thesurrounding ground level to prevent flooding to the structure. With the way our City wasdesigned with swales in the front and/or side of residential lots and drainage rights-of-way (ROW) behind many lots, it is not uncommon to find lots that slope away from thebuilding toward one or more of its property lines. As designed, swales and ROW haveslopes to ensure that water is being directed away from the adjacent lots as a means toprevent pooling or ponding of water on the lots. In the best-case scenario, the slopetowards the swale or ROW should begin where the residential lot ends. However, due

Page 1 of 3


ITEM 7 (A-1)

to erosion, or other natural or man-made processes, the slope may actually beginsomewhere on the lot itself.

It is not uncommon when a property has a steep slope, the ground level for the fencecould be a one, two, or more feet below the building's finished floor elevation. In thesesituations, a six (6) foot fence, once built, could end up as low as four feet, or less,above the building's finished floor elevation. With a fence coming up only four feet orless above finished floor, it will not provide the desired privacy for the property owner.

Research on some neighboring jurisdictions indicate that the typical maximum fenceheight in residentially zoned property is six (6) foot. There are some jurisdictions that dopermit fences over six (6) foot high, but the majority keeps the maximum height at six(6) feet. After sorting through the research material, staff finds that keeping a maximumsix (6) foot high fence is more than adequate if the fence is measured from the finishedfloor elevation of the house instead of being measured at ground level. At the sametime, staff felt that at no time should the height of a residential fence exceed eight (8)feet. Therefore, staff is recommending Section 158.216 (B) be amended to read, noresidential fence shall be of a height greater than six (6) feet measured from thefinished floor elevation of the primary structure on the subject property, not to exceedeight (8) feet from ground level.

In addition to the proposed change to Subsection B, staff is also proposing a minorchange to Subsection D. The change to Subsection D is to include the word `Road' infront of words `Right-of-Way', so the section will read "Distance from the Rear YardProperty Line When Abutting a Public Road Right-of Way." The reason for this changeis just to clarify policy. This section of the code is relevant only when a property ownerpurchases the lot directly behind their existing lot and wishes to fence this area in,basically enlarging their backyard area. In these situations, this additional lot will face aroad ROW, not a drainage ROW. So, to remove any confusion Staff is adding the word`Road', which is appropriate at this time since we are proposing the change to the fenceheight.

PROPOSED AMENDMENT:

The proposed changes to Section 158.216 are as follows below, with the completesection provided as Exhibit "A" of the proposed ordinance with additions shown asunderlined and deletions shown as strikethrough:

(B) Height. No residential fence shall be of a height greater than six (6) feetmeasured from the finished floor elevation of the primary structure on thesubject property, not to exceed eight (8) feet from ground level. This height

Page 2 of 3


ITEM 7 (A-1)

limitation is not intended to apply to enclosures surrounding or part ofrecreational or sporting facilities. Fences permitted for or enclosuressurrounding recreational or sporting facilities will be evaluated by the zoningadministrator on an individual basis.

(D) Distance from the Rear Yard Property Line when Abutting a PublicRoad Right-of-Way. All fences on property zoned single-family residentialshall be located at least twenty-five (25) feet from the rear yard property line,when the rear yard property line abuts a public road right-of-way. TheZoning Administrator may waive this requirement if special circumstancesexist.

STAFF RECOMMENDATION:

The Planning and Zoning Department staff finds the petition to be consistent with theintent and direction of the City's Comprehensive Plan and recommends approval of theproposed amendment based on the analysis and findings as noted in the staff report.

PLANNING AND ZONING BOARD ACTION OPTIONS: *

▪ Motion to recommend approval to the City Counciln Motion to recommend approval to the City Council with conditionsn Motion to recommend denial to the City Council

*Should the Board need further clarification or information from either the applicantand/or staff, it may exercise the right to table or continue the hearing or review to afuture meeting.

Page 3 of 3


ORDINANCE 19-18 AN ORDINANCE AMENDING TITLE LAND …

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