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Ord. No. 06-93-1535ORDINANCE NO.6-93-1535 C?T?RofsnUTH 2t,2?E MAY°R AND CITY COMMISSION OF THECITYOPSOUTHMIAMI,FLORIDA;AMENDING SECTTHN ?n o ?OF THE LAND DEVELOPMENT CODE OF THE ci?Y OF IoStH SlL? TO PROVIDE A NEW DEFINITION-"PHYSICAT pipdtSocm ESS5"w™co™™*™-™RPEEVE^?MAXIMUM FENCE HEIGHTS EXIST;PROVIDING S WHEREAS,the City of South Miami heretofore enacted a Land Development Code on October 25,1989,which Code in Section 20- 3-6 (H)(2)provides for height limits on fences,walls, trellises,and hedges;and WHEREAS,the Mayor and City Commission believe the existing limitations are too restrictive; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section_l.That Section 20-2.3 "DEFINITION"be amended to add the following definition: PHYSICAL BARRIER.Shall mean a hedge,fence,wall or trellis, and to delete the following definitions:FENCE;HEDGE;and WALL. Section 2*That the title of Section 20-3.6 (H)be amended toreadas follows: (H)Physical Barriers Section 3'Section 20-3.6 (H)(2)be amended to read: (2)Height Limits Residential: (a)Chain link fences will not be permitted on required yards adjacent to a right-of-way. (b)In required yards not adjacent to a right-of-way, fences,walls,trellises and hedges shall not exceed six (6)feet in height above grade. (c)In required yards adjacent to a right-of-way, fences,walls,trellises and hedges shall «•-• not exceed four(4)feetin height above grade.Fencesandwallsmaybe increased by two (2)feet in height above grade,providing that the upper two (2)feet of the fence or wallsurfacebetweenverticalsupports is designed asa uniform pattern with a minimum ofan sixty (60%)percentopenarea. Non-residential: (d)Fences,walls,trellises or hedges on property zoned for non-residential uses shall not exceed eight (8)fee?in height above grade. Section 4.If any section,clause,sentence,or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section—5^_All Ordinances or parts of Ordinances in conflict herewith be,and the same hereby are,repealed. Section 6.This Ordinance shall take effect immediately at thetimeofitspassage. PASSED AND ADOPTED this 1st day of June,1993. APPROVED: y^td^C^f^ MAYOR /CrfY CLERK 3M READ AND APPROVED AS TO FORM: v^t^ CITY ATTORNEY