08-02-05 Item 11South Miami
CITY OF SOUTH MIAMI JUI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
2001
To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria Davis
City Manager /0
Date: August 2, 2005
ITEM No. /I
Re: LDC Amendment:
Height of Fences Adjacent
To a Right -of -Way
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (H)
(2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60%
OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO
A RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
The City Manager on behalf of a member of the City Commission has requested consideration
of changing the one section of the regulations governing the height of fences adjacent to rights -
of way. At present Section 20- 3.6(H) of the South Miami Land Development Code provides
that all fences, walls, gates and trellises are limited in height to six feet above grade, except
where the fence is along a street in a side yard. A side yard fence or wall that faces a street can
not exceed four feet in height. However two additional feet may be added if that two foot
portion of the fence or wall is at least 60% open or can be seen through. The proposed
amendment to this section would allow six foot high fences, walls , gates, and trellises to be
solid by eliminating the requirement that the top two feet (three feet if a gate) must be open or
see through.
PROPOSED AMENDMENT
The specific amendment that was considered is as follows: (new wording added is shown in
bold/underlined; language to be removed indicated by s4ike through)
(LDC) Section 20 -3.6
"(H) Physical Barriers.
(1) All fences, walls, trellises and hedges may be erected on or along a property line, but
shall not extend into official public rights -of -way or project on or over adjacent
properties.
(2) Height limit. Residential:
(a) Chain link fences will not be permitted on required yards adjacent to a right -of -way.
LDC Amendmentl
August 2, 2005
Page 2 of 4
(b) In required yards not adjacent to a right -of -way, fences, walls, and trellises shall not exceed six
(6) feet in height above grade
(c) In required yards adjacent to a right -of -way, fences, walls, trellises, and gates shall not exceed
six feet 6 in height above grade (except as provided below)
i�kty 640) ]POOW800 Open
(i) Wooden fences exceeding four (4) feet in height along rights -of -way shall provide for a
minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet
in height above grade. The graphic "Wooden Fence Types" includes an example of both
an unacceptable and acceptable prototype.
(ii) Masonry walls exceeding four (4) feet in height along rights- of -way shall provide a
minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet
in height above grade. No portion of any solid masonry wall above four =(4) feet in height
above grade along rights -of -way shall exceed fourteen (14) inches in width. This is to
provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening material. The
remaining balance of open area may be screened by metal work, wooden lattice or any
other non - masonry screening material. A minimum of sixty (60) percent open area shall
be maintained. The graphic "Masonry Wall Types" includes an example of both an
unacceptable and an acceptable prototype"
PLANNING BOARD ACTION (1)
The Planning Board considered the proposed amendment at its meeting on November 9, 2004,
The staff expressed a concern that the amendment would allow all fences facing a street to be a
solid 6 feet high fence. Staff advised that an amendment to reduce the required open area of a
wall or fence to 40% is a compromise recommended. In addition, information from the industry
indicates pre - fabricated fencing with a 40% open area is readily available in stores. The Board
then adopted a motion recommending that the proposed ordinance as drafted should be
denied.
CITY COMMISSION ACTION
The City Commission reviewed the proposed ordinance and held a first reading public hearing
at its December 7, 2004 meeting. At the time the Commission adapted by motion two minor
revisions which would reflect the objective of the amendment. Theses were as follows:
(3) Height limit. Residential:
(b) Chain link fences will not be permitted on required yards adjacent to a right -of -way.
(b) In required side yards not adjacent to a right -of -way, fences, walls, and trellises shall not
exceed six (6) feet in height above grade
(c) In required jLroot yards adjacent to a right -of -way, fences, walls, trellises, and gates shall not exceed
four (4) feet in height above grade. Fences and walls may be increased by two (2) feet in height above
grade, and gates may be increased by three (3) feet above grade, provided that the -upper two (2) feet of
the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed
as a uniform pattern with a minimum of sixty (60) percent open area.
LDC Amendmentl
August 2, 2005
Page 3 of 4
After discussion the City Commission referred the proposed amendment back to the Planning
Board for further review and consideration.
PLANNING BOARD ACTION (2)
The Board re- considered the issue at its March 8, 2005 and decided to table the item until
additional information and visual examples could be available. Board Member Liddy offered to
prepare a compromise amendment with accompanying illustrated graphics. The Board at its
May 10, 2005 meeting reviewed a compromise proposal which:
(a) Maintains the requirement that the top two feet of a wooden fence facing a side street must
have some portion of it open; the percentage of open area required is reduced to 30 %. See
attached Exhibit A which shows examples of wooden fences which have 30 %+ open area
at the top two feet but have attractive designs;
(b) Maintains the requirement that the top two feet of a concrete wall facing a side street must
have some portion of it open; the percentage of open area required is reduced to 40 % but
can not exceed 60 %. The concrete columns must be the standard 1' 4" in width. See
attached Exhibit B illustrating the top two feet of a wall with 40% of the wall open, Exhibit
C demonstrates an method of creating a wall with 40% open visibility.
Provides that the 4' high solid portion of walls and fences facing a side street can be
increased if the wall or fence is moved back from the property line and landscaping
installed abutting the wall or fence. The formula would be one additional foot of solid wall
for each one foot that the wall or fence is moved back from the property line (up to 2 feet).
See Exhibits D, E and F
STAFF OBSERVATIONS
(1) The proposed amendment is in response to the observation of several examples of six foot
high wood fences with very unattractive upper two feet of lattice wood.
(2) The above amendment as modified by the City Commission at its December meeting would
allow all walls, gates, and fences in side yards to be solid up to six feet above grade if they
do not face streets. In addition front yards facing a street would remain limited to four feet
but could increase to six feet if the extra two feet has a 60% open area.
(3) The concept of requiring the top portion of a wall or fence visible from a street to be open
(see through) is to prevent the appearance of walled in properties which would come from a
solid material wall at 6 feet high.
(4) There is also a safety (re: crime or fire) factor in that a partially open fence or wall would
allow observation into and out of the property. Staff is aware however that it is difficult to
meet the current open area requirement of 60 %, which often requires the top two feet of a
wall or fence to be specially constructed. It is important both visually and for safety reasons
that some portion of a fence or wall be open.
LDC Amendmentl
August 2, 2005
Page 4 of 4
(5) The Planning Board's proposed alternative amendment recommended at their May 10, 2005
meeting is a good compromise allowing more flexibility in providing the open area on the
top two feet and even allowing a solid wall or fence if it is set back from the property line
and landscaped.
RECOMMENDATION
It is recommended that the Planning Board's compromise amendment to this section as
illustrated on the attached exhibits be adopted. However, the City Commission may determine
its proposal (adopted first reading) is simpler and thus outweighs concerns with 6 foot high
fences
The specific amendment language is included in the attached draft of each ordinance.
Attachments:
Draft ordinance, Planning Board alternative
First reading ordinance, approved by City Commission
Graphic Exhibits A -F
LDC Sec. 20 -3.6 Existing Graphics
Resolution submitted by Commissioner
Planning Board Minutes Excerpt 5 -10 -05
Public Notices
MD/DOD /SAY
\\MCGRL FF\PLANN G \Comm Items\2005 \8 -2 -05 \LDC Amend Fences Report.doc
1 Planning Board Alternative Ord.
2
3
4
5 ORDINANCE NO.
6
7 `AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
s OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING
9 SECTION 20 -3.6 (H) (2) (c) OF THE LAND DEVELOPMENT
10 CODE OF THE _CITY OF SOUTH 'MIAMI TO MODIFY THE
11 REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO (2)
12 FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY;
13 PROVIDING FOR SEVERABILITY; PROVIDING FOR
14 ORDINANCES IN CONFLICT; AND PROVIDING AN
15 EFFECTIVE DATE.
16
17
18 WHEREAS, the City of South ' Miami heretofore enacted a Land
19 Development Code on October 25, 1989, which Code in Section 20 -3.6 (H) (2)
20 provides for height limits on fences, walls, trellises, and hedges; and
21
22 WHEREAS, the City of South Miami heretofore amended the Land
23 Development Code on June 1, 1993, providing conditions for height limits on
24 fences, walls, trellises, and gates; and
25
26 WHEREAS, the Mayor and City Commission believe the existing
27 conditions are too restrictive ;and
28
29 WHEREAS, the Planning Board at its May 10, 2005 meeting, after a
30 public hearing adopted a motion by the vote of 5 ayes 0 nays recommending-
31 approval of an amendment pertaining to height limits on fences and walls,; and
32
33 WHEREAS, the Mayor and City Commission of the City of South Miami
34 desire to accept the recommendation of the Planning Board.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
38
39 Section 1. That paragraph 20- 3.6(H) of the Land Development Code is amended
40 to read:
41
42 LDC) Section 20 -3.6
43 "(H) Physical Barriers.
44
45 (1) All fences, walls, trellises and hedges may be erected on or along a property line,
46 but shall not extend into official public rights -of -way or project on or over
47 adjacent properties.
1
2 (2)
3
4
5 (2) Height limit. Residential:
6
7
8 (a) Chain linkfences will not be permitted on required yards adjacent to a right -of -way.
9
10 (b) In required yards not adjacent to a right -of -way, fences, walls, and trellises shall not
11 exceed six (6) feet in height above grade
12
13 (c) In required yards adjacent to a right -of -way fences, walls, trellises, gates and
14 hedges located at the propertp line shall not exceed four (4) feet in height above
15 grade. Fences and walls may be increased by two (2) feet in height above grade
16 and gates may be increased by three (3) feet above grade provided that the upper
17 two (2) feet of the fence and wall surface and the upper three (3) feet of the gate
18 between vertical supports is designed as a uniform pattern with a minimum of
19 thin 30 percent open area.
20
21
22 (1) Wooden fences exceeding four (4) feet in height along rights -of -way shall
23 provide for a minimum of thir 30 &percent open area for all portions
24 between four (4) and six (6) feet in height above grade. The graphic "Exhibit A
25 Wooden Fence Types" includes an example of both an unacceptable and
26 acceptable prototypes.
27
28 (ii) Masonry walls exceeding four (4) feet in height along rights- of- way shall
29 provide a minimum ofLorhLL40 percent open area for all portions
30 between four (4) and six (6) feet in height above grade. No portion; of any solid
31 masonry wall above four (4) feet in height above grade along rights -of -way shall
32 exceed sixteen (16)ou inches in width. This is to provide for vertical
33 support (per Section 20- 3.6(H)(2)(c)), of screening material. The remaining
34 balance of open area may be screened by metal work, wooden lattice or any other
35 non- masonry screening material. A minimum of or 40 percent open
36 area shall be maintained. The graphic Exhibit B and Exhibit C "Masonry Wall
37 Types" includes an example of both an unacceptable and acceptable prototypes.
3$
39 (iii) Notwithstanding the provisions of (i) and (ii) above the 4' high solid
40 portion of walls and fences facing a side street can be increased up to 2
41 feet in accordance with the following: one additional foot of solid wall for
42 each one foot that the wall or fence is moved back from the property line.
43 See graphic Exhibits D, E and F.
44
45
46 Section 2. If any section, clause, sentence or phrase of this ordinance is held to
47 be invalid or unconstitutional by any court of competent jurisdiction, the holding
48 shall in no way affect the validity of the remaining portions of this ordinance.
49
1
2
3 (3)
4
5 Section 3. All ordinances or parts of ordinances in conflict herewith be and the ,
6 same are hereby repealed.
7
8 Section 4. This ordinance shall take effect immediately at the time of its passage.
9
10
11
12 PASSED AND ADOPTED this day of 2005
13'.
14 ATTEST: APPROVED:
15
16
17
18 CITY CLERK MAYOR
19
20
21 READ AND APPROVED AS TO FORM COMMISSION VOTE:
22 Mayor Russell:
23 Vice Mayor Palmer:
24 Commissioner Wiscombe:
25 Commissioner Birts- Cooper:
26 Commissioner Sherar
27 CITY ATTORNEY
28
29
30
31
32
33
34
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37
38
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40
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42 -
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1 City Commission Adoption
2 First Reading- 12 -4 -04
3 ORDINANCE NO.
4
5 `AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
6 OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING
7 SECTION 20 -3.6 (H) (2) (c) OF THE LAND DEVELOPMENT
s - CODE OF THE CITY OF SOUTH MIAMI TO MODIFY THE
9 REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO (2)
10 FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY;
11 PROVIDING FOR SEVERABILITY; PROVIDING FOR
12 ORDINANCES IN CONFLICT; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16
17 WHEREAS, the City of South Miami heretofore enacted a Land
18 Development Code on October 25, 1989, which Code in Section 20 -3.6' (H) (2)
19 provides for height limits on fences, walls, trellises, and hedges and
20
21 WHEREAS, the City of South Miami heretofore amended the Land
22 Development Code on June 1, 1993, providing conditions for height limits on
23 fences, walls, trellises, and gates; and
24
25 WHEREAS, the Mayor and City Commission believe the existing
26 conditions are too restrictive ;and
27
28 WHEREAS, the Planning Board at its May 1,0, 2005 meeting, after a
29 public hearing adopted a motion by the vote of 5 ayes 0 nays recommending
30 approval of an amendment pertaining to height limits on fences and walls,; and
31
32 WHEREAS, the Mayor and City Commission of the City of South Miami
33 desire to accept the recommendation of the Planning Board.
34
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
38
39 Section 1. That paragraph 20- 3.6(H) of the Land Development Code is amended
40 to read:
41
42 LDC) Section 20 -3.6
43 "(H) Physical Barriers.
44
45 (1) All fences, walls; trellises and hedges may be erected on or along a property line,
46 but shall not extend into official public rights -of -way or project on or over
47 adjacent properties.
48
1
2
3 (2)
4
5
6 (2) Height limit. Residential:
7
8 (a) Chain linkfences will not be permitted on required yards adjacent to a right -of -way.
9
10 (b) In required side yards not adjacent to a right -of -way, fences, walls, and trellises shall
I 1 not exceed six (6) feet in height above grade
12
13 (c) In required ront aids adjacent to a right-of-way fences, walls, trellises, gates
14 and hedges shall not `exceed four (4) feet in height above grade. Fences and walls
15 may be increased by two (2) feet in height above grade and gates may be
16 increased by three (3) feet above grade provided that the upper two (2) feet of the
17 fence and wall surface and the upper three (3) feet of the gate between vertical
18 supports is designed as a uniform pattern with a minimum of sixty (60) percent
19 open area.
20
21
22 (1) Wooden fences exceeding four ,(4) feet in height along rights -of -way shall
23 provide for a minimum of sixty (60) percent open area for all portions between
24 four (4) and six (6) feet in height above grade. The graphic "Wooden Fence
25 Types" includes an example of both an unacceptable and acceptable prototype.
26
27 (ii) Masonry walls exceeding four (4) feet in height along rights- of- way shall
28 provide a minimum of sixty (60) percent open area for all portions between four
29 (4) and six (6) feet in height above grade. No portion of any solid masonry wall
30 above four (4) feet in height above grade along rights -of -way shall exceed
31 fourteen (14) inches in width. This is to provide for vertical support _(per Section
32 20- 3.6(H)(2)(c)),of screening material. The remaining balance of open area may
33 be screened by metal work, wooden lattice or any other non - masonry screening
34 material. A minimum ofd sixty (60) percent open area shall, be maintained. The
35 graphic "Masonry Wall Types" includes an example of both an unacceptable and `
36 an acceptable prototype.
37
38
39 Section 2. If any section, clause, sentence or phrase of this ordinance is held to
40 be invalid or unconstitutional by any court of competent jurisdiction, the holding
41 shall in no way affect the validity of the remaining portions of this ordinance.
42
43 Section 3. All ordinances or parts of ordinances in conflict herewith be and the
44 same are hereby repealed.
45
46 Section 4. This ordinance shall take effect immediately at the time of its passage.
47
48
49
1
2
3
4
PASSED AND ADOPTED this day of
, 2005
5
6
ATTEST:
APPROVED:
7
8
9
10
CITY CLERK
MAYOR
11
12
13
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
14
Mayor Russell:
15
Vice Mayor Palmer:
16
Commissioner Wiscombe:
17
Commissioner Birts - Cooper:
18
Commissioner Sherar:
19
CITY ATTORNEY
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
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40.
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47
E: \Comm Items \2005 \8- 2- 05\LDC Fences Ord
Commission.doc
48
49
50
EXHIBIT A
Zx pop panel = 2304 sq, are
open areas of Wice 800 sgan,
800/2304 ® 34.72°! open
OOU000 `70000 0 OO�O�OOOUOOO�OOOOOU '
0000000r -�,J<i000000
O�J0000g0000 < >�0��,�OU00�000U00U0�
OUGUOU0�00�0000
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EXHIBIT D
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,
Lekace
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EXHIBIT E
EXHIBIT F
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3
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ZONING REGULATIONS 20 -3.6`
portions between four (4) and six (6) feet in height above grade. The
graphic 'Wooden Fence Types" includes an example of both an unac-
ceptable and acceptable prototype.
Wooden Fence Types
ACCEPTABLE:
Sine wave pattern yields more than 60 percent open area
....
T 66
(max)
,: r ( ,
)
IJNACCEPTA 3LE:
Pre fabricated lattice yields less than 60 precept open area
•� K{ivy yt,':`i• •i4iv ?{;i:4: "< xy: -. ..y. ... .w.
{, }3�q. f `f9 .^ � •: .}.tV 's'�,,� • �• • • 'µ'`^c• ',•ja• yhy�F:t < �, r �^
Y,w 2vy � Axe {{+yyw .,:: N'7 .y4'..� ,':y wi7,• K2y• y .• !
•ip ? {si {; � �•. J,`.ti`; ay�, �Sa�' ? 4y v ,h• . 6
TIM8`4
4e
� .� :�:ir• {' ; ?'^:J ,:.:cY :r ' a� ilk �. • •uJ � • �:
)r ° .22 may{ ;.�• Y'"> ".. Y it {:•< : ^,< ? <. •.. a•C:�. tai. ti ;.iA• .;2' • - : ,.r; /� y
�� y...Y'� y YJ Y jJ;� < 'y• �: , yµ�, J;'�J,.•(maXj
yK•s•: ., �;: �C„ '•4. ,v. } i'�iny ys.Hw• �vw }� ' », .: i p
tl >:j ^}�> :JHy A'.•�< ,,ii;Y .w.<Wy��n y. � .. ..• Z SOJ' -
}:;%:{ v ^'1. : ?if: - ✓•Sv .';: C,O J.ii.X{ u
Wooden Fence Types
(ii) Masonry walls exceeding four (4) feet in height along rights- of -way
shall provide a minimum of sixty (60) percent open area for all portions
between four (4) and six (6) feet in height above grade. No portion of
any solid masonry wall above four (4) feet in. height above grade along
rights -of -way shall exceed fourteen (14) inches in width. This is to
provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening
material. The remaining balance of open area may be screened by
Supp. No. 7 55
20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE
metal work, wooden lattice or any other nonm.asonry screening mate-
rial. A minimum of sixty (60) percent open area shall be maintained.
The graphic "Masonry Wall Types" includes an example of both an
unacceptable and an acceptable prototype.
Masonry Wall Types
ACCEPTABLE:
Vertical supports (columns) do not exceed 14 incites in width
70 ww.
RNA
"' .ay.Y.%r *.'."�h^:,2»`i ^ ",ag`,ci2Y .,+�, `�_ �:.'«•a+%:.3 r .N •x:4,•,f+��ir,. '?`�''',��v,,;^'` ✓t
- .• .o°S��':i- ..v.>,.:vMC. oo-• '•..•ra.< a�•.: ry;< �'u wcs >' y ? dfF
�; '}A;)`Y: fi'yY„� .c.�,"'F'`$c`b"'.�z> '2�G'; Y•'' •'•r��`.c', ��
:?�.: . ?'; - �r.?a:::H`....crs`r'.'t3nks?;a s�S>a.',C��.� „�'�{. - �>`. •,.'w,tst.d:;?'h>, <>�'n•'.��2?> �. ✓:+
q. � `zto�'�^r.> . �� y. , »Y�M »• sY:i•'in ?# .. x.• °d.'. ' cY.:: -• � :u � 1�81Xi
. Ctt,•..; ; .,•,..�.? 2°':Ir'r ' >Y,io' {; . r:., S nTy' i;K< d ';y`�,Jf '?` �'!.
.',x. SkS�'Y ". YLC4•.'ci�C - ,b,,.,-}?'•Y<, t� 2;.1x0 ��,�, v'�i:, >• �.2 :<.�3, .•:+�.-J"O:.J<�Sr� j,#•
. f.•.:.:'...` J�''?•:.: 3.+.. �'. f<:\"^•:+ 2}.. �. �. �F. �. uA .'•f;C.ir,•t."r'x`:i,�NS.��� <T "�` :>,::Rsi,'.Y•,:5�'' , S« e� :'>�t(Q'J',X�,',,...: <5.��`�<:
Y
1
UNACCEPTABLE.
Vertical supports exceed 14 incites in width
I N"11111
Ri
roi .�,, ' 1, ,,.. ,2 •y - "v. GC,�,,
_ >' >'' o �:• _ is ti : ..3.• [m
• . M c.. .. , Yom` .:.:: . :y:� -,. .. �� : .: ��'`,'rAK' �. _ £t
�` ',?' <?t:'w',`:l•,.•.. : "� .n. } '•Z"ttf -iµ2; � ?£w;..�.•' .• •: • ;ir'.;S,Q ,<';i� ?' . � �="
, ,,..,.t,.::..,,.s. c.''���„ y..w,fAo•Sv2�':. �.v.,.,�✓,'y,N��a �)Z�Y. ?3� .
(iii) Trellises cannot exceed four (4) feet in height along rights -of -way.
Freestanding trellises not located along property lines 'and not -in
stalled to create a` physical barrier may extend up to six (6) feet in
height above grade in any required yard. Tree species included in the
Official Tree List of the City of South Miami shall not be considered as
physical barriers.
Supp. No; 7 56
✓e
,gt
r'Y
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (I-I} (2)
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
TO ELIMINATE THE MINIMUM 60% OPEN AREA ON THE TOP TWO (2)
FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
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, wails, trellises, and hedges; and
WHEREAS, the City of South Miami heretofore amended the Land Development
Code on June 1, 1993, providing conditions for height limits on fences, walls,
trellises, and hedges; and
WHEREAS, the Mayor and City Commission believe the existing conditions are
too restrictive;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That paragraph 20- 3.6(H) of the Land Development Code is amended
to read:
) Physical Barriers
(1) All fences, walls, trellises, and hedges may be erected on or along a property
line, but shall not extend into official public rights -of -way or project on or over
adjacent properties.
(2) Height Limit
Residential
(a) no change
(b) no change
(c) In required yards adjacent to a right -of -way fences, walls, trellises, gates
and hedges shall not exceed fouf (4) six 6 feet in height above grade.
upper- two (2) feet ef the fenee, and wall suf&ee and Ae
1 pattem
Section 2. if any section, clause, sentence or phrase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, the holding
shall in no way affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this day of , 2004,
APPROVED:
ATTEST:
Mary Scott Russell, Mayor
Maria Menendez, City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, May 10, 2005
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Board Applications / Public Hearings
PB -04 -021
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (H) (2)
(c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60% OPEN AREA
ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT -OF-
Planning Board Meeting
May 10, 2005
Page 2 of 3
WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the item into the record. Mr. O'Donniley explained to the
Board that the City Manager on behalf of a member of the City Commission has
requested consideration of changing the one section of the regulations governing
the height of fences adjacent to rights -of -way. At present Section 20- 3.6(H) of the
South Miami Land Development Code, provides that all fences, walls, gates and
trellises are limited in height to six feet above grade, except where the fence is
along a street in a side yard. A side yard fence or wall that faces a street can not
exceed four feet in height. However, two additional feet may be added if that two
foot portion of the fence or wall is at least 60% open or can be seen through.
Mr. O'Donniley provided the following staff's observations:
(1) The proposed amendment is in response to the observation of several examples
of six foot high wood fences with very unattractive upper two feet of lattice
wood.
(2) The above amendment as modified by the City Commission at its December
meeting would allow all walls, gates, and fences in side yards to be solid up to
six feet above grade if they do not face streets. In addition front yards facing a
street would remain limited to four feet but could increase to six feet if the extra
two feet has a 60% open area.
(3) The concept of requiring the top portion of a wall or fence visible from a street
to be open (see through) is to prevent the appearance of walled in properties
which would come from a solid material wall at 6 feet high.
(4) There is also a safety (re: crime or fire) factor in that a partially open fence or
wall would allow observation into and out of the property.
(5) Staff is aware however that it is difficult to meet the current open area
requirement of 60 %, which often requires the top two feet of a wall or fence to
be specially constructed. It is important both visually and for safety reasons that
some portion of a fence or wall be open.
(6) An amendment to reduce the required open area of a wall or fence to 40% is a
compromise that staff supports. In addition information from the industry
indicates pre- fabricated fencing with a 40% open area is readily available in
stores..
At this time, Mr. O'Donniley presented the Board with Mr. Liddy's design
options for six foot high wood fence and four foot wood fence. The Board and staff
discussed the designs which included lattice work that could be used for the upper
two feet of the fence. The Board was pleased with the graphics drawn by Mr. Liddy
Planning Board Meeting
May 10, 2005
Page 3 of 3
and suggested replacing staff's original recommendation with Mr. Liddy's proposal
(exhibits /drawings). Staff agreed to adopt Mr. Liddy's proposal (exhibits /drawings)
as staff's recommendation.
The Board took a 5 minute recess so that citizens present at the meeting could
analyze the exhibits.
Motion: Ms. Yates moved to approve the ordinance with the amendments.
Mr. Liddy seconded the motion.
Vote: Ayes 5 Nays 0