Item R11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Au!!. 20. 2003
Division:
BOCC
Bulk Item: Yes
No -.lL
Department: DISTRICT 5
AGENDA ITEM WORDING:
Discussion of the problem created by Sec. 9.5-427-Monroe County Code, which establishes a clear
sight triangle 20' setback from local streets and requesting that the Planning Commission make
appropriate recommendations to correct the problem so that the needs of residents and fence
contractors are met.
ITEM BACKGROUND:
The Monroe County Plantation Key Planning Office has been issuing fence permits that do not
conform with the Monroe County fence ordinance. The County should adopt a new method of issuing
fence permits that is consistent with existing fence lines and property lines, protects public safety and
that is in the best interests of the Upper Keys, its property owners or the businesses that do fence
installation.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -.lL OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
~.<-~
MAYO~TEM MURRAY NELSON
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # /1//
o 9.5-308
. MONROE COUNTY CODE
Sec. 9.5-309. Fences.
It is the purpose of this section to regulate fences and free-
standing walls in order to protect the public health, safety and
welfare.
(a) Height: In general, all fences shall be measured from the
highest point of any lot and shall not exceed six (6) feet in
height except as follows:
(1) No fence shall exceed four (4) feet in height within
any front yard setback or within any side yard
setback when such a yard is adjacent to a public
street, except as follows:
a. Wlthin all land use districts, fences of five (5)
feet in height may be permitted if constructed
of chain link;
b. Within land use districts ue, se, I, MI, and
AD, fences may be constructed to a height of six
(6) feet;
c. Within land usedistrictc;l IS, SR, 8R-L, S8 and
NA, fences may be <<ln1P;ructed to a height of
six {6) feet provid~ that .1lQ ~ f~aidenqany
developed property is Joo.ied within two hun-
dred (200) fest of ~ ,lJbject. property;
d.. On Stock Island and Oft Key Haven, fences may
. be constructed to a height of six (6) feet.
(2) No fence exceeding three (.3) feet from the natural
grade immediately adjacent to the fence shall be
located within a clear sight triangle as defined by
this chapter consistent with the. requirements of
. .
Supp. No. 77
800.180
f~r41)
~D;L
if-
LAND DEVELOPMENT REGULATIONS
~ 9.5-309
bufferyards that interferes with the safe and ade-
quate view of vehicles and pedestrians utilizing
streets and sidewalks;
(3) When it is necessary to use a fence to contain
athletic activity, the fence may exceed six (6) feet to
a maximum of twelve (12) feet, and be designed not
to impair visibility; and such fences shall be subject
to a minor conditional use approval.
(b) Setbacks: In general, fencing may be located anywhere on
the property, including the property line, except as fol-
lows:
(1) The use of a fence shall not negate bufferyard
requirements and standards; however, fences may
be located within required bufferyards provided that
they are located along the inside or outside edge of
the required bufferyard, and existing native vegeta-
tion provides the cover in the required bufferyard.
No clearing will be permitted to facilitate the con-
struction offences located within a required bufferyard
except as provided above;
(2) No fence shall be placed so as to extend into or
through any wetlands or water bodies, or extend
beyond the mean high tide line on any property.
Fences placed on any structure shall not violate
height requirements for that structure. In no event
shall fences be approved if they restrict fire and
emergency access to individual or adjacent proper-
ties;
(3) Setback requirements for Big Pine and No Name
Key are listed in section 9.5-309(c),
(c) Big Pine and No Name Key: The purpose of this section is
to recognize and provide for the particular habitat needs
of the Florida Key Deer (odocoileus virginianus clavium)
on Big Pine Key and No Name Key. Whereas Big Pine Key
and No Name Key serve as the core area or center of the
Key deer population, where the majority of the Key Deer
popula~on is located during some part of each year; and
whereas the. Key De~r depends upon the ability to move
Supp. No. 77
800.181
~ 9.5-309
MONROE COUNTY CODE
freely and safely throughout its range as well as the
ability to have access to natural habitat for the purposes
of feeding, watering, resting, birthing, and other activi-
ties necessary to carry out its liie history; and, whereas
the concentration of development and human activity on
Big Pine Key and No Name Key have the greatest effect
on the short- and long-term survival of the Key deer, it is
hereby the intent of this section to limit fences on Big
Pine Key and no Name Key so that deer movement
throughout Big Pine Key and No Name Key is not
hindered while allowing for reasonable use of minimal
fencing for the purposes of safety and protection of
property. In addition to all other standards set forth in
this section, all fences located on Big Pine Key and No
Name Key shall meet the standards of this subsection as
listed below:
(1) In the Improved Subdivision (IS) land use district,
fences shall be set back as follows:
a. On canal lots, fences shall be set back at least
fifteen (15) feet from the edge of abutting street
rights-of-way; and built to the edge of all other
property lines or as 'approved through a U.S.
Fish and Wlldlife Service coordination letter;
b. On all other lots, fences shall be set back at
least fifteen (15) feet from the edge of abutting
streets rights~of.way, at least five (5) feet from
side property lines and at least ten (10) feet
fraIn the rear property line.
(2) In, all other land1fSe districts, f8Bces may enclose up
to a maximum of and nett to exceed the net buildl!1ble
area of1ihe parcel only;
(3) EncloSUl'e ,of thefreshwate.'r wetlands by fences is
prohibited;
(4) All fences shall be designed and located such that
Key deer access to native habitat, including pinelands,
hammocks, beach berms, saltmarshes, buttonwoods
and mangroves is maintained wherever possible;
Supp. No. 77
800.182
LAND DEVELOPMENT REGULATIONS
~ 9.5-309
(5) All fences shall be designed and located such that
Key deer corridors, as identified by the U.S. Fish
and Wildlife Service, shall be maintained;
(6) Fences shall not be permitted without a principal
use except where the enclosed area consists of dis-
turbed lands or disturbed land with exotics.
(d) Use: Fences may be allowed as accessory uses within any
land use district and without a principal use existent
where upland security is required as otherwise permitted
in section 9.5-288.
(e) Construction material: Fences may be constructed of
natural or manmade materials, including but not limited
to brick, lumber, stone, metal, plaster, concrete and ma-
sonry:
(1) All materials shall be approved by the planning
director as in conformance with the visual character
of the surrounding neighborhood and community
character.
(2) No barbed or razor wire shall be permitted except in
the Industrial (I) and Airport (AD) districts with the
approval of the planning director.
(f) Attachments to fences: No attachments to fences shall be
allowed, including but not limited to, banded and ribbon
wire, signs projecting above six (6) feet from the ground
level, broken glass or metal strips except as a minor
conditional use approval. The only exception shall be a
maximum of two (2) electrical lights attached to the fence
not exceeding two (2) feet in height above the maximum
height limit. These lights shall comply with all require-
ments of division 12 '(outdoor lighting) and be permitted
as of right.
(g) Required permit: AIl fences shall be constructed pursuant
to a building permit issued by the county building depart-
ment.
(h) Limited clearing: To allow construction of protective fences
and gates, limited clearing may be permitted . if the
following design standards have been met:
(1) Such limited clearing does not occur in scenic high-
way corridors established and adopted in this chap-
ter;
Supp. No. 77
800.183
~ 9.5-309
MONROE COUNTY CODE
(2) Limited clearing shall not remove native vegetation
that wou.ld provide for the lIlinimum buffer required
in divisi~n 11, section 9.5..875, of this article;
(3) Existing tree canopieS witbJn hardwood and pineland
hammock$ are not removoo,
(i) Maintenance:.All fences shall be maintained in good
replUr at all times.
(Ord. No. 1~-1989, ~ 1(PD123); Amd. of 1-,2-96; Or-d. No. 20-2001,
~ 1: Ord. No. 002-2002, ~ 1)
LAND DEVELOPMENT REGULATIONS
~ 9.5-427
Sec. g.u_~ I. Clear sight triangles.
All entrance drives and street intersections shall provide clear
sight triangles in both directions as follows and as more fully set
forth in the graphic on the page following this section,
(a) Drives with bufferyard:
Type of Street
U.S, 1
Arterials
Local streets
(b) Streets with bufferyard or natural area:
Distances in Feet
A * B**
30
25
20
250
200
150
Type of Street
U,S.1
Arterials
Local streets
Distances in Feet
A * B**
30
25
20
.300
250
150
(c) Streets with no bufferyard or natural area:
Distances-in Feet
A* B**
Type of Street
U.S. 1 35 300
Arterials 30 250
Local streets 20 150
* A is the distance from the edge of pavement of the street to
the point on the drive at which clear sight distance is required,
* *B is the distance measured along the center line of the
street, from the centerline of the entrance to the point where
an oncoming vehicle must be visible.
(Ord. No. 33-1986, ~ 9-1407; Ord. No. 40-1987, ~ 115)
Annotation-The intent of amendment 115, amending subsection (a), was to
provide consistency of clear sight triangles for local streets.
Supp. No. 33
800.301
~ 9.5-427
Supp. No. 33
MONROE COUNTy CODE
CLEAR SIGHT TRIANGLE..
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Wf'FE.R O~ ~A1\J<<AL
AIU:A
800.302