ORDINANCE NO. 2006-12
AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA,
AMENDING SECTIONS 7A-34, 7A-35, 7A-36,
7A-37AND 7A-38 OR THE MELBOURNE BEACH CODE OF ORDINANCES PROVIDING FOR USE OF
WALLS AND FENCES AS A BUFFER BETWEEN COMMERCIAL AND MULTI- FAMILY ZONED
PROPERTY AND RESIDENTIAL USES; AMENDING SECTION
7A-53 OF THE TOWN OF MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR
THE PLACEMENT, LOCATION, HEIGHT, AND MAINTENANCE OF WALLS AND FENCES; AMENDING
SECTION 7A-57 OF THE MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR SWIMMING
POOL FENCING; AMENDING SECTION 7A-58 BY DELETING THE SAME; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, be it enacted by the Town of Melbourne Beach, Florida, as follows:
Section 1. Sections 7A-34, 7A-35, 7A-36, 7A-37, and 7A-38 are hereby amended as follows:
Words underlined are proposed for addition.
7A-34. 4-RM MULTI-FAMILY RESIDENTIAL DISTRICT.
(i) (2) Multi family residential zoning districts (4 RM, 5 RMO) and
residential business (8 B) districts.
Sub section (1) above applies to lots within the 4 Rm and 5 RMO
multi-family residential and 8 B residential business zoning districts, except
that Where a lot is developed and the rear or side a fence with a
height of six feet is required where: (1) such 4 RM, 5 RMO, or 8 B yard
abuts a lot developed as a single-family, detached residential dwelling, or (2)
such 4 RM, 5 RMO, or 8 B lot abuts a developed or undeveloped lot within
the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid
masonry wall, or substantially structurally similar type of wall,
excluding wood and vinyl, which is six feet in height, shall be
constructed on or parallel to that rear or side lot line. Not less than 25% of its the
total surface area of the wall shall allow the free-flowing passage of air
while still serving as a visual barrier.
The wall shall be erected by the owner of the 4-RM zoned property. The wall shall extend the full length of the
adjoining residential property, but shall be no higher than four feet, forward
of the front building line of an adjoining residential lot. Further, the wall shall comply with Code
requirements for vision clearance at corners and curb lots. Fences and masonry walls shall be maintained
in good condition by the property owner of the 4-RM zoned property.
7A-35. 5-RMO OCEANFRONT MULTI-FAMILY DISTRICT.
(i) Where
a lot is developed and the rear or side yard a fence with a height of
six feet is required where: (1) such 4-RM, 5-RMO, or 8-B lot is developed and abuts
a lot developed as a single-family, detached residential dwelling or (2)
such 4-RM, 5-RMO, or 8-B lot abuts a developed or undeveloped lot within
the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid
masonry wall, or substantially structurally similar type of fence
wall, excluding wood and vinyl, which is six feet in height, shall
be constructed on or parallel to that rear or side lot line. Not less than 25% of its the
total surface area of the wall shall allow the free-flowing passage of air
while still serving as a visual barrier.
The wall shall be erected by the owner of the 5-RMO zoned property. The wall shall extend the full length of the
adjoining residential property, but shall be no higher than four feet, forward
of the front building line of an adjoining residential lot. Further, the wall shall comply with Code requirements
for vision clearance at corners and curb lots.
Fences and masonry walls shall be maintained in good condition by the
property owner of the 5-RMO zoned property
7A-36. 6-B DOWNTOWN BUSINESS DISTRICT.
(j) Commercial and business area
restrictions. Where a rear or
side lots of commercial or business areas (6-B, 7-C, and 8-B zoning
districts) line of a developed lot abuts residentially
zones areas(1-RS, 2-RS or 3-RS) or 4-RM and or 5-RMO
multi-family residential zoning districts, there shall be a
nonsolid masonry wall, or substantially structurally similar type
of fence wall, excluding
wood and vinyl, which is six feet in height, shall be constructed
on or parallel to that rear or side lot line.
Not less than 25% of its the total surface area of the
wall shall allow the free-flowing passage of air while still serving as a
visual barrier. Such The
wall shall be erected by the owner of the 6-B zoned property. Those The barriers wall
shall extend the full length of the adjoining residential property, but shall
be no higher than four feet, forward of the front building line of the
an adjoining residential lot. Further,
the wall shall comply with Code requirements for vision clearance at corners
and curb lots. All Fences
and masonry walls shall be maintained in good condition by the owner of the 6-B
zoned property.
7A-37. 7-C GENERAL COMMERCIAL DISTRICT.
(g) Commercial and business area
restrictions. Where a rear or side lots of commercial or
business areas (6-B, 7-C, and 8-B zoning districts) line of a developed
lot abuts residentially zoned areas property (1-RS, 2-RS, or 3-RS
single-family residential, and or 4-RM and or 5-RMO
multi-family residential zoning districts), there shall be a
nonsolid masonry wall, or substantially structurally similar type
of fence wall, excluding wood and vinyl, which is
six feet in height, shall be constructed on or parallel to that rear or side
lot line. Not less than 25% of its
the total surface area of the wall shall allow the free-flowing passage of air
while still serving as a visual barrier.
The wall shall be erected by the owner of the 7-C zoned property. Those The barriers
wall shall extend the full length of the adjoining residential property, but shall
be no higher than four feet, forward of the front building line of the
an adjoining residential lot. Further,
the wall shall comply with Code requirements for vision clearance at corners
and curb lots. All Fences
and masonry walls shall be maintained in good condition by the occupant
or owner of the 7-C zoned property.
7A-38. 8-B RESIDENTIAL-BUSINESS ZONE.
(j) Commercial and business area
restrictions. Where a rear or
side lots of commercial or business areas (6-B, 7-C, and 8-B zoning
districts) line of a developed lot abuts residentially zoned areas
property (1-RS, 2-RS, or 3-RS single-family residential, and or
4-RM and or 5-RMO multi-family residential zoning districts), there
shall be a nonsolid masonry wall, or substantially structurally
similar type of fence wall, excluding wood and vinyl, which
is six feet in height, shall be constructed on or parallel to that rear
or side lot line. Not less than 25% of its
the total surface area of the wall shall allow the free-flowing passage of air
while still serving as a visual barrier.
Such The wall shall be erected by the owner of the 8-B
zoned property. Those The barriers
wall shall extend the full length of the adjoining residential property, but shall
be no higher than four feet, forward of the front building line of the
an adjoining residential lot. Further,
the wall shall comply with Code requirements for vision clearance at corners
and curb lots. All Fences
and masonry walls shall be maintained in good condition by the owner of the 8-B
zoned property.
Section 2. Section 7A-53 of Code of Ordinances of
the Town of Melbourne Beach,
Words in strike through are proposed for removal. Underlined words are proposed additions.
7A-53. FENCES AND WALLS.
Limitations and restrictions. All fences which term as used herein also includes but is not limited to walls, hereafter constructed, reconstructed, or altered, shall meet the following requirements:
(1) Residential. Fences located within the 1 RS, 2 RS, or 3 RS
zoning districts may be erected up to a height of four feet within or along the
perimeter of any residential lot. Unless
otherwise permitted by this section, said fence may be extended to a height of
up to six feet; provided said fence shall not be located forward of the front
building line situated on the residential lot.
In no event shall any fence be erected within 25 feet of the corner of a
lot that is located at the intersection of two intersecting streets, such that
said fence would obstruct the view of a pedestrian, or the operator of a motor
vehicle, around the corner of a lot that is located at the intersection of two
intersecting streets, such that said fence would obstruct the view of a
pedestrian, or the operator of a motor vehicle, around the corner. All fences and masonry walls shall be
continuously maintained in a good and non-deteriorating condition, free of
graffiti, peeling or blister paint, broken or missing boards or posts, or
broken chunks of concrete block or masonry .
(2) Multi-family residential zoning districts (4 RM, 5 RMO) and
residential business (8 B) districts.
Sub section (1) above applies to lots within the 4 RM and 5 RMO
multi-family residential and 8 B residential business zoning districts, except
that a fence with a height of six feet if required where: (1) such 4 RM, 5 RMO,
or 8 B lot is developed and abuts a lot developed as a single family, detached
residential dwelling; or (2) such 4 RM, 5 RMO, or 8 B lot abuts a developed or
undeveloped lot within the 1 RS, 2 RS, or 3 RS single family residential zoning
district. The construction of the fence
shall meet the standard provided below for commercial and business lots and
shall be constructed and maintained by the multi-family (4 RM or 5 RMO) or
residential business (8 B) lot owner.
(1) Fence Height - All Zoning Districts.
a. Fences on rear property lines may be
erected up to a height of six feet.
b. Fences on interior side lot lines
may be erected up to a height of six feet from the rear property line up to the
front building line.
c. Portions of Fences that extend
beyond the front building line may be erected up to a height of 4 feet.
d. Fences on corner side lot lines may
be erected up to a height of 6 feet from the rear property line up to the front
building line.
e. Portions of Fences on corner side
lot lines that extend beyond the front building line may be erected up to a
height of 4 feet.
f. (3) Chain link fences, to a
height of ten feet, may be erected around tennis courts. Said The fences may be erected
on the property line, behind the front building line, or on the rear property
line, if the fence does not encroach upon any easements, rights of way, or
similar encumbrances.
(2) Fence Height Measurement
(2) Multi-family residential zoning
districts (4-RM, 5-RMO) and residential-business (8-B) districts. Sub-section (1) above applies to lots within
the 4-RM and 5-RMO multi-family residential and 8-B residential-business zoning
districts, except that a fence with a height of six feet is required where: (1)
such 4-RM, 5-RMO, or 8-B lot is developed and abuts a lot developed as a
single-family, detached residential dwelling; or (2) such 4-RM, 5-RMO, or 8-B
lot abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS
single-family residential zoning district.
The construction of the fence shall meet the standard provided below for
commercial and business lots and shall be constructed and maintained by the
multi-family (4-RM or 5-RMO) or residential business (8-B) lot owner.
The height of
a fence is measured from the finished grade of the property immediately
adjacent to the fence, prior to berming or placement of fill in excess of that
required by the Code of Ordinances, to the highest point of the fence. A sealed
survey with reference elevations a maximum of 10 feet apart along all property
lines shall be submitted with all wall and fence permit applications. Fence
height shall be measured from the surveyed elevation prior to placement of
fill.
(3) Vision Clearance at Corners
(3) Chain link fences, to a height of ten
feet may be erected around tennis courts.
Said fences may be erected on the property line, behind the front
building line, or on the rear property line, if the fence does not encroach
upon any easements, rights of way, or similar encumbrances.
Fences on
corner lots shall not be located within the triangular clearance area formed by
lines that are measured from the point of intersection of the rights-of way a
distance of 25 feet, along the lot lines, parallel to each street and the line
that connects the endpoints of the two lines
measured from the point of intersection of the rights-of-way.
(4) Maintenance
(4) Commercial and business area
restrictions. Where rear or side lots of
commercial or business areas (6 B, 7 C, and 8 B zoning districts) abut residential
areas (1 RS, 2 RS, or 3 RS single family residential and 4 RM and 5 RMO
multi-family residential zoning districts), there shall be a non solid masonry
wall or substantially similar type of fence which is six feet in height. Not less than 25% of its total area shall
allow the free flowing passage of air while still serving as a visual
barrier. Such wall shall be erected by
the occupant or owner of the business or commercial property. Those barriers shall extend the full length
of the adjoining residential property, but in no event shall extend forward of
the front of the building line of the adjoining residential lot. All fences and masonry walls shall be
maintained in good condition by the occupant or owner of the business or
commercial property.
All fences
shall be continuously maintained in a good and non-deteriorated condition, free
of graffiti, peeling or blistering paint, broken or missing boards or posts,
broken concrete block masonry, etc.
(5) Submission of plans and building permits.
Plans showing the exact location of all fences and the proposed height, construction, and materials to be used, shall be submitted to the Building Official for approval, and the issuance of a permit for same upon payment for the permit. Termite and rot-resistant durable wood or rust and corrosion resistant material (or finish) shall be used.
(6) Fencing of easements, rights-of-way, and sidewalks.
In the event a lot owner fences or encloses any utility easement, as a condition of any fence permit, the lot owner agrees and understands that utilities, rights-of-way, and sidewalks may need repair, maintenance, installation or removal, from time to time, and that to do so it may be necessary for utility companies or public and governmental agencies, or their respective employees, agents, or independent contractors, to remove certain portions of a low owners= fence. The lot owner/occupant agrees as a permit condition to hold harmless the Town and any utility company, and their respective employees, agents, officials, and independent contractors, in both their official and individual capacities, if the fence or enclosure is removed or destroyed in the act of installing, removing, repairing, or maintaining any utilities, rights-of-way or sidewalks.
Prior
to issuance of a building permit for a fence or wall constructed on an easement
or right-of-way the property owner shall sign an affidavit stating agreement
with the conditions of this section.
(7) Installation.
Fencing shall be installed in such a manner as not to detract from the value of the adjoining residential property; in particular, the fence side facing adjoining property must be comparable in construction and appearance to the fence side facing the fence-owner=s property.
(8) Swimming pools. All swimming pools shall be enclosed by a
fence at least four feet in height or be screen enclosed, unless such pool is
at least four feet in height above the ground and has a detachable ladder or
other means that effectively prevents access to such pool. A fence, for the purposes of this section,
shall be of a wire mesh type or fence of solid face wood or masonry
construction. No building permits for a
swimming pool shall be finalized until the above requirements are met.
(11)(8) Fences abutting beach or river access way or
rights-of-way.
Fences
up to a height of six feet may be are allowed adjacent to and
abutting any public or private motor vehicle or pedestrian access or
right-of-way connecting to the Indian River Lagoon or the beach along the
Atlantic Ocean. Said fence may be
located forward of the front building line; provided that said fence shall not
be of a chain-link type. All of
said fence shall be setback a minimum of five feet from any right-of-way line.
(12)(9) Hedges.
(9) Height.
The height of a fence is measured from the finished grade of the
property prior to berming to the highest point of the fence.
(a) Where hedges are provided they shall be neatly trimmed and maintained. Hedges are permitted to be planted and grown immediately adjacent to fences.
(b) Where existing hedges are utilized in any zoning district as an alternative to a fence, consistent with this code, on February 18, 1998; said hedge may continue to be utilized as a substitute for a fence; provided, that said hedge is at all times, living, neatly trimmed and maintained, and is substantially opaque in that it operates to block light emissions to abutting properties. At such time a hedge used as a substitute for a fence pursuant to this paragraph is no longer living or is in such condition that it is no longer substantially opaque in that it operates to block light emissions to abutting properties, then the property owner shall install a fence that conforms to this section.
(10)
Decorative fences on Riverside
Drive.
Decorative fences up to a height of six feet may be allowed forward of
the front building line in cases where the lot depth is at least 150 feet along
Riverside Drive; provided, that said fence shall be made of wrought iron,
aluminum, or similar material. Chain-link
fences shall not be permitted. Fences
erected pursuant to this sub-section shall be a minimum of 70%
transparent. Gates servicing driveways
or walkways on said lots may be a maximum height of ten feet. Said gates, if any, and fence shall be
setback a minimum of five feet from the right-of-way line.
(10)
Existing walls that do not conform with sections 7A-34,
7A-35, 7A-36, 7A-37 or 7A-38 as of the
effective date of this ordinance shall be replaced with a conforming wall no
later than five years after the effective date of this ordinance.
(11)
In locations where walls conforming the requirements
of sections 7A-34, 7A-35, 7A-36, 7A-37 or 7A-38 are required but no longer
exist, for any reason, a conforming wall shall be constructed within 180 days
of the effective date of this ordinance.
(12)
Walls that do not conform with sections 7A-34,
7A-35, 7A-36, 7A-37 or 7A-38 that are removed, damaged beyond 50 percent of the
length of the wall, or fall into a state of disrepair, shall be replaced with a
conforming wall within 180 days of removal, damage, or notification by the Town
that the wall must be replaced due to the state of disrepair.
Section 3. Sections 7A-57 and 7A-58 are hereby amended as follows:
Words in strike through are proposed for removal. Underlined words are proposed for addition.
7A-57. ACCESSORY STRUCTURES.
(e) Swimming pools shall be constructed at
the rear of the front line of the principal structure. Setbacks are as follows: Setbacks from the
building line shall be 5 feet; side and rear setbacks shall be ten feet; and screen enclosure setbacks shall be
7 1/2 feet. All swimming pools shall
be enclosed as required by the
Section 4. All ordinances or parts of ordinances in conflict herewith are repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.
Section 5. If any portion, clause or phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative, or void, then such declaration shall not be construed to affect other portions of the ordinance. It is hereby declared to be the express opinion of the Town Commission of the Town of Melbourne Beach that any such unconstitutional, invalid, inapplicable, inoperative, or void portion or portions of this Ordinance did not induce its passage and that without the inclusion of any such portion or portions of this Ordinance, the Town Commission would have enacted the valid and constitutional portions hereof.
Section 6. It is the intention of the Town Commission of the Town of Melbourne Beach that the provisions of this Ordinance shall be made a part of the Town of Melbourne Beach Code of Ordinances and sections may be renumbered to accomplish such intention.
Section 7. The provisions within this Ordinance shall take effect immediately upon the enactment date.
Section 8. PASSED by the Town Commission of the
Town of Melbourne Beach on first reading on the ________ day of _______________,
2007, and ADOPTED by the Town Commission of the Town of Melbourne Beach,
Town
of
By:_____________________________
William G. Stacey
Mayor
ATTEST:
____________________
Lenora Milan
Town Clerk