4583 Amendment to Schedule FOrdinance No. 2021-4583
An ordinance of the City Commission of the City of Sanford, Florida
substantially and comprehensively revising and amending the
provisions of Schedule "F", City of Sanford Code/Land Development
Regulations, relating to the requirements for buildings, parcels, yards,
building setbacks and lighting; providing for a savings provision;
providing for conflicts; providing for severability; providing for
codification and the correction of scrivener's errors and providing for
an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Substantial And Comprehensive Revision And Amendment Of
Schedule "F", City of Sanford Code/Land Development Regulations;
Requirements For Buildings, Parcels, Yards, Building Setbacks And Lighting.
Schedule "F" of the City of Sanford Code/Land Development Regulations is
substantially revised and amended to read as set forth in the Exhibit to this Ordinance
which, by this reference thereto, is incorporated herein as if fully set forth herein verbatim.
Section 2. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 3. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and
1I i I a c,
all actions and activities of the City pertaining to the City's Land Development
RegulationslLand Development Code, or of an associated nature, are hereby ratified and
affirmed.
Section 5. Codification; Scrivener's Errors.
(a). The exhibit referenced in Section 1 of this Ordinance shall be codified and
all other sections shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 6. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 25th day of January, 2021.
Attest:
Traci Hn"r-hin KAKA(' F('PKA
City Clerk
4
tA,,',%0;
Approved as to form and legal suffidc6npy`J
William L. Colbert
City Attorney
City Comm . ssion of
Sanford, Floida, A
r
City of
2 11'
SCHEDULE F
REQUIREMENTS FOR BUILDINGS, PARCELS, YARDS,
BUILDING SETBACKS AND LIGHTING
SECTION 5.0 FENCES AND WALLS
A. Height. The following regulations apply for residential fences and walls.
I . No more than 4' high between the front building line and the front property line;
2. When a front yard is located along the side of a residence on a corner lot, a fence
up to 8' in height is permitted under the following conditions:
a. It is set back at least 4' feet from the property line;
b. The area between the property line and the fence is landscaped with shrubs
and/or groundcovers from the plant list in Schedule J;
C. The fence is located parallel to, or behind the rear edge of the residence;
and
d. The first 6' of the fence from the ground may be constructed of solid
materials. Any portion of the fence above 6' in height shall be constructed
in a style that is at least 50% open such as framed lattice.
3. No more than 4' in height if located on a side yard in the front yard if Section 5.0
A.2 conditions are not satisfied;
4. No more than 8' in height in any side or rear yard.
B. Design and Materials. The following standards apply to fences and walls:
1. Fencing and gates within front yards shall be decorative and semi -transparent and
shall not be solid or shadow-boxed. All fencing shall be made out of attractive
long-lasting materials. Recommended fence types include wood or metal picket,
ornamental wrought iron or aluminum, decorative PVC or vinyl.
2. Walls in front yards shall be of masonry construction.
3. Chain link fencing is prohibited and unlawful within any required front yard.
4. Chain link fencing is permitted along side parcel lines within the front yard if used
as a foundation for shrubbery or other landscape decoration and all parts of the
fence and its supporting structure are coated in dark vinyl.
F-1
2/8/16
Ord. No. 4364
5. Barbed wire, razor wire, concertina and other types of sharp -edged fencing shall
not be located within or adjacent to any residential use area.
6. Fences and walls shall not impede the flow of water in drainage easements.
7. All walls and fences shall be constructed with their finished side facing outward.
C. Fences on Vacant Lots. On vacant lots, a fence may be constructed forward of the required
building setback line. The above -referenced height restrictions shall apply. Fences surrounding
vacant parcels shall have a double gate with a minimum width of 10' to accommodate
maintenance machinery and lawn mowers. All applications for fences on vacant lots are subject
to approval by the Development Review Team.
D. Fences for Commercial, Office and Industrial Uses. Fences for commercial, office and
industrial uses shall be regulated by Schedule G of the Land Development Regulations.
E. Permit Required. A building permit is required to construct any fence or wall.
F. Variances.
The Development Review Team shall have the authority to consider variances to
the fencing provisions for single family and two family dwellings.
2. The Planning and Zoning Commission may consider variances to the fencing
provisions for multiple family dwellings and nonresidential uses.
F-2
2/8/16
Ord. No. 4364
PROPOSED MODIFICATIONS
SCHEDULE
REQUIREMENTS FOR BUILDINGS, PARCELS, YARDS,
BUILDING SETBACKS AND LIGHTING
SECTION 5.0 FENCES AND WALLS
A. Requirements
Permit Required. Fences require zoning approval and a building permit subject to the
provisions of the Florida Building Code, as applicable. The property owner is responsible to
establish and implement the approved location of the fence wholly on the property of the
property owner and for compliance with the provisions of this Section regardless whether the
property owner occupies the property. Walls are subject to the provisions of the Florida
Building Code and all permitting and technical requirements therein.
2. Installation. Supporting components and posts shall be installed facing inward (towards the
property which is subject of the building permit) with the smooth or flat/finish faces on the
outside. If both sides of the fence are finished sides with support posts screened, each face
shall be of the same type and finish.
3. Site Layout. A plot plan based on a survey is required in support of the building permit
application which depicts the location of the proposed fence, number of gate(s), landscaping
buffer (if required), total linear feet, height and material for each section of proposed fence.
If a survey is not available, an applicant may petition the Administrative Official, or designee,
to consider a dimensionally accurate plot plan if drawn clearly, depicting all of the following:
a. Lot dimensions (as designated on a plat or as legally described).
b. Property pins/comers where appropriate.
c. Street name.
d. Address, lot, block and unit.
e. Footprint of the house and all accessory structures with all dimensions and setbacks
shown.
f. Location, dimensions, types and materials of the proposed fence, and any existing
fencing, with gates clearly marked.
B. Height Restrictions.
Fences, walls and hedges shall not exceed the maximum heights set forth in the following
table. See the information below the table for additional requirements.
Fences and walls greater than 6' in height shall require the approval of the Building
Official.
Location
Residential
Front Yard
41
Rear Yard
61
Side Yard
61
Comer Side Yard
See Below
1. Fencing in All Front Yards. It is prohibited and unlawful to construct a fence, wall, hedge
or screen planting which exceeds 4' in height in the front yard. All fencing and gates located
within a front yard shall be decorative and semi -transparent and shall not be solid or shadow-
boxed.
2. Residential Fence Heights. On property assigned a residential zoning
district/classification, the height of a fence may be increased to 8, provided that the top 2'
of the fence is constructed of open lattice or other non-opaque construction that is of the
same material as the remainder of the fence.
3. Fencing on Residential Corner Lots. On properties located on a corner (fronting 2 or more
streets), fences up to 6' in height may be permitted in the defined side yard fronting a street
as follows:
a. The fence is located at least 4' inset from the from the property line adjacent to the street;
b. The area between the property line and the fence shall have landscape, hardscape or
groundcover in a manner consistent with the requirements of the Land Development
Regulations;
c. The length of the fence may be installed from the rear property line to no more than half
the length of the linear frontage of the house along the street. (See Figure 1).
PERMITTED FENCE LOCATIONS ON CORNER LOTS
F-.= Easements Adjoining Lot + 1
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Fence B' -0" High Max .,...,.14
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e Where a fire hydrant is
present, any fence or wall
shall maintain a minimum
three foot clearance from
said hydrant.
® No fence shall be installed in
a Conservation Easement
If a fence crosses
perpendicular to a drainage
easement, a minimum 4"
clearance is required
between the bottom of the
fence and grade for drainage
flow.
Figure 1
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e Where a fire hydrant is
present, any fence or wall
shall maintain a minimum
three foot clearance from
said hydrant.
® No fence shall be installed in
a Conservation Easement
If a fence crosses
perpendicular to a drainage
easement, a minimum 4"
clearance is required
between the bottom of the
fence and grade for drainage
flow.
Figure 1
= I Fence 4' 0" High Max
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Property Lina STREET
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e Where a fire hydrant is
present, any fence or wall
shall maintain a minimum
three foot clearance from
said hydrant.
® No fence shall be installed in
a Conservation Easement
If a fence crosses
perpendicular to a drainage
easement, a minimum 4"
clearance is required
between the bottom of the
fence and grade for drainage
flow.
Figure 1
C Materials, Design and Regulations
1. All fencing and walls shall be made out of attractive and long-lasting materials, as
determined by the City applying sound and generally accepted land use planning practices
and principles with such materials including wood or metal picket, ornamental wrought iron
or aluminum, dark vinyl coated chain link, decorative PVC or vinyl and masonry.
2. Barbed wire, razor ribbon and other similar wire attachments on top of any residential
fence or any fence adjacent to property which is assigned a residential zoning
district/classification is prohibited and unlawful.
3. Electrified fencing is prohibited and unlawful.
4. It is prohibited and unlawful to construct a fence within the visibility triangle at roadway
intersections. To effectuate that requirement, fences, walls, hedges, and other structures
or vegetation shall not exceed a height of 2'6" inches within a clear vision triangle and
the lower portion of tree crowns shall not be no less than 8' clear from the ground within
a clear vision triangle.
5. It is prohibited and unlawful to construct a fence which obstructs, in any way, drainage flow
or interferes with a drainage facility or structure.
6. Fences shall be constructed of sound and sturdy construction meeting industry standards as
determined by the City applying sound and generally accepted land use planning practices
and principles.
7. In the event that a property is vacant, the above height restrictions shall apply. The
minimum building setback lines, as set forth in the Land Development Regulations, will
be applied in lieu of a building or structure. Fences surrounding vacant parcels shall have
a double gate with a minimum width of 10' to accommodate maintenance machinery and
lawn mowers.
8. Fences that are located on properties which are engage in a commercial, office or
industrial use are subject to the architectural guidelines established within the Land
Development Regulations as well as sound and generally accepted land use planning
practices and principles.
9. Variances to the above requirements may be considered in accordance with the
requirements of the Land Development Regulations
CITY OF
NFORD
Sk
FLORIDA
CITY COMMISSION MEMORANDUM 21.022
JANUARY 25, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Developme_pk-,S_gi-vjcManager
SUBMITTED BY: Norton N. Bonaparte, Jr., City-Kanage—f
SUBJECT: Modifications to Schedule F — Requir el
Building Setbacks and Lighting, SP� eion 5
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
Z Update Regulatory Framework
F� Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. T F
for Buildings, Parcels, Yards,
Modifications to Schedule F — Requirements For Buildings, Parcels, Yards, Building Setbacks
And Lighting, specifically Section 5 Fences and Walls, have been drafted to provide clarity and
to correct restrictions that were yielding excessive requests for variances.
FISCAL/STAFFING STATEMENT:
There is no anticipated cost to the City to implement the new regulations; however, improved
wording within the code will benefit staff by limiting time spent on reviewing recurring avoidable
variance requests.
BACKGROUND:
Over the last several years, staff has received dozens of requests to install fences in the side yard
of corner lots that are inconsistent with the current regulations for various reasons, including
safety, security and usage of existing yard space. To rectify this and to add clarification to some
frequently misunderstood requirements, staff is presenting changes to the specific section relating
to residential fences and walls.
A synopsis of the minor changes proposed to Section 5 of Schedule F — Requirements For
Buildings, Parcels, Yards, Building Setbacks and Lighting include restructuring the schedule for
better flow; adding clarification on submittal requirements; adding clarification on the materials
and orientation of a fence; and adding requirements for comer lots as it relates to site triangles at
an intersection.
The largest and most relevant modification is the change to the allowance of fencing on the side
yard on a comer residential lot. By updating this section, residents who live on a comer lot are
accorded additional fenced area to include half of the side yard as it fronts a street. Currently, all
fencing in the front yard on a side street is limited only to the rear yard. By increasing this
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allocation of fenced area, it opens up the usability of a side yard, increases security of the street
side of the home to protect elements such as A/C units and other mechanical units, and provides
increased security to members in the household by protecting window areas such as bedrooms and
other living space.
Other modifications are planned for Schedule F in the future, but this modification to Section 5,
limits the number of justified variances being processed for residential fences.
On November 5, 2020, the Planning and Zoning Commission reviewed the request and continued
this item in order to allow staff to make some changes. Minor modifications were made and a
final version was presented for review and consideration which was approved by the Planning and
Zoning Commission on December 3, 2020.
LEGAL REviEw:
The Assistant City Attorney has reviewed this item and drafted the proposed Ordinance No. 4583.
The City Commission approved the first reading of Ordinance No. 4583 on January 11, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 24,
2021.
RF-comMENDATION:
It is Staff s recommendation that the City Commission adopt Ordinance No. 4583 to amend
Schedule F, Section 5 of the Land Development Regulations as it relates to fencing, to be
incorporated into the City of Sanford Land Development Regulations as recommended by the
Planning and Zoning Commission on December 3, 2020.
Additional comments or recommendations may be presented by staff at the meeting
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4583 to amend Schedule F, Section 5 of the Land Development
Regulations as it relates to fencing. "
Attachments: Current Schedule F — Requirements For Buildings, Parcels, Yards, Building
Setbacks And Lighting, Section 5: Sections and Walls
Proposed Schedule F — Requirements For Buildings, Parcels, Yards, Building
Setbacks And Lighting, Section 5: Sections and Walls
Ordinance No. 4583
TALDR\2020 Revisions\Schedure F - Fencing\CC January I st Reading\CC Memo -Schedule F See 5 docx
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