09-06-05 Item 7CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria V. Davis
City Manager>
South Miami
All- AmericaCRY
2001
Date: September 6, 2005
ITEM No. 7
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. As part of the proposed amendment fences,
walls, and trellis will be allowed to be a maximum of six feet except in required front setback
areas. A fence or wall that is in the required front setback area 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.
PROPOSED AMENDMENT
A specific amendment ordinance was considered and modified on first reading at the December
7, 2004 Commission meeting. The Ordinance was then deferred and sent to the Planning Board
for review and comment. Following additional reviews and suggestions for alternative changes
by the Planning Board, the City Commission considered the proposed (Dec. 2004) draft
ordinance at its meeting on August 2, 2005. At that time the ordinance was modified again and
approved on first reading. The City Commission at its August 16, 2005 meeting deferred action
on second reading and requested staff to clarify the amendment wording. Staff has provided
additional wording to the amendment which should clarify the intent of the changes desired.
The revised amendment is as follows: (new wording added is shown in bold/underlined; language to be
removed indicated by strike
LDC Amendment
September 6, 2005
Page 2 of 3
(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.
(b) In all shy yards , fences, walls, and trellises (excluding
arbors) shall not exceed six (6) feet in height above grade, except as provided in (c) below.
(c) In the required front yof& setback area adjacent to a right -of -way, fences, walls, trellises,
gates and hedges shall not exceed four (4) feet in height above grade with the following
exceptions
(i)Wooden fences exceeding four (4) feet in height almg adjacent to a rights -
of -way in required front setback areas 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 a4oRg adjacent to a rights -
of -way in required front setback areas 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 sixteen (16) 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 worker 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.
(iii) Gates may be increased by three (3) feet above grade provided that
the Upper two (2) feet @ r .. ...a wag Surface ---.a 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.
PLANNING BOARD ACTION
The Planning Board considered the issue at its March 8 and May 10, 2005 meetings. The Board
at its May 10, 2005 meeting reviewed a compromise proposal which: (1) maintains the
requirement that the top two feet of a wooden fence facing a side street must have some portion
of it open; (2) maintains the requirement that the top two feet of a concrete wall facing a side
street must have a required open area of at least 40% but can not exceed 60% and concrete
columns must be the standard 1' 4" in width; (3) Provides that the 4' high solid portion of walls
LDC Amendment
September 6, 2005
Page 3 of 3
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 Planning Board's alternative ordinance was reviewed by the City Commission at its August
2, 2005 meeting, however, the Commission determined to consider its version, incorporating
some of the Planning Board's recommendations.
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 would allow all walls and
fences in side yards to be solid up to six feet above grade. 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. Two additional revisions expanding the width of concrete columns and
removing the requirement that lattices be made of wood were added at the August 2, 2005
meeting.
RECOMMENDATION
It is recommended that the City Commission adopt on second reading the proposed amendment
ordinance. The specific amendment language is shown above and is included in the attached
draft ordinance.
Attachments:
Revised first reading ordinance, approved by Commission
LDC Sec. 20 -3.6 Existing Graphics
Planning Board Minutes Excerpt 5 -10 -05
Public Notices
MD/DOD /SAY
E: \Comm Items\2005 \9- 6- 05\LDC Amend Fences Report.doc
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City Commission Ord.
Approved 1" reading 8 -2 -05
ORDINANCE NO.
'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 MODIFY 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.
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 City of South Miami heretofore amended the Land
Development Code on June 1, 1993, providing conditions for height limits on
fences, walls, trellises, and gates; and
WHEREAS, the Mayor and City. Commission felt that the existing
conditions are too restrictive and on December 7, 2004 considered on first
reading an ordinance modifying the regulations pertaining to height limits on
fences and walls; and
WHEREAS, the Planning Board at its May 10, 2005 meeting, after a
public hearing, adopted a motion by the vote of 5 ayes 0 nays recommending
approval of an alternative amendment ordinance pertaining to height limits on
fences and walls; and
WHEREAS, the Mayor and City Commission of the City of South Miami
considered the recommendation of the Planning Board and determined that it is
appropriate to adopt a modified version of the ordinance reviewed and amended at
the Commission meeting on December 7, 2004.
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
43 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
44 THAT:
45
46 Section 1. Section 20- 3.6(H) of the Land Development Code is amended
47 to read:
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(2)
(LDQ 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.
(b) In all w€ttired �jqR yards= , fences, walls, and trellises
(excluding arbors) shall not exceed six (6) feet in height above grade, except as provided
in (c) below.
(c) In the required front yap& setback area adjacent to a right -of -way, fences, walls,
trellises, gates and hedges shall not exceed four (4) feet in height above grade with the
following exceptions:
fm
(i)Wooden fences exceeding four (4) feet in height alb adjacent to a
rights -of -way in required front setback areas 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 alb adjacent to a
rights -of -way in required front setback areas 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 sixteen (16) tj} 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, 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.
(iii) Gates may be increased by three (3) feet above grade provided
that the two (2) feet of the r,. -..... --_a __._n surf- -- 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.
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(3)
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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2005
APPROVED:
MAYOR
1St Reading -
2 °d Reading-
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
E: \Comm Items\2005 \9- 6- 05 \LDC Fences Ord Comxnission.doc