For the purposes of this article, the following words and phrases shall have the meanings hereinafter ascribed:

FENCE — A manmade barrier erected for purposes including, but not limited to, enclosure, exclusion, protection, privacy, security, retainment and aesthetics and located at the perimeter of or within the required yards of private property. This definition shall include the term "wall" as it is commonly used.

TEMPORARY FENCE — A fence having an anticipated use which will not exceed six months.

The following fences are exempt, at the discretion of the Planning Official, from the provisions of this article, provided that they are not so constructed as to obstruct the vision of motor vehicle operators or to create other hazards to public safety:

A.

Temporary fences constructed of materials approved by the Planning Official and not in excess of eight feet in height which are erected at a construction site for the purpose of security and protection.

B.

Fences erected at the order of law enforcement officers, fire officials, building or other city officers or other city officials for the protection of the public.

C.

Decorative fences not exceeding 18 inches in height and garden fences not exceeding 24 inches in height.

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

It shall be unlawful to erect, construct, install or maintain the following fence structures:

A.

A fence which is, in whole or in part, beyond the boundary of private property.

B.

A fence which is within six feet of a fire hydrant.

C.

A fence that creates in any manner a visual obstruction to vehicular traffic and thus creates a hazardous condition.

D.

A fence in a dilapidated condition whose appearance is neglected, unkempt or the condition of which, in whole or in part, is in substantial disrepair and, as a consequence, is either unsound, hazardous or ineffectual.

E.

Any fence erected containing any hazardous substances, such as broken glass, barbed wire, spikes, nails or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such materials shall be deemed to be a public nuisance.

F.

Any fence or wall constructed shall not impede or change the direction of surface water runoff onto any abutting properties.

(Amended 11-21-05 by Ord. No. 2005-24, § 1)

A.

All fences shall be regulated by this article with the exclusion of earth- or water-retaining walls which shall be governed by other portions of the code of the City of Belleair Bluffs. All fences shall be constructed of masonry, wood, metal or other materials appropriate to their location and purpose.

B.

The fence structure shall be adequate to withstand wind-loading and shall in no way inhibit or divert the free flow of surface water from its natural course prior to the installation.

C.

If posts or supporting members are in or on the ground, they shall be of decay-, corrosion- and termite-resistant material, whether treated or natural.

D.

All fences shall be maintained in a nonhazardous condition and shall not be allowed to become dilapidated.

E.

All permitted fences shall be located on the property of the applicant and not within any public right-of-way. No fence shall be permitted to be located within or so as to enclose a drainage easement or over a water meter box or manhole except upon the written authorization of the Planning Official. Fences may be permitted within utility easements, subject to the right of the city to remove, without cost or obligation, to replace or to restore any such fence. A suitable gate to provide access will be provided when water meters are located in a utility easement.

F.

All fences shall be constructed so that the side of the fence facing or viewable from the public right-of-way or an adjoining property shall be the finished side of the fence in terms of materials and their treatment, with all support posts and stringers to be placed facing inward toward the applicant's property.

(1)

A special permit to allow the finished side of a fence to face toward the applicant's property may be issued by the designated official when both of the following conditions have been met:

(a)

The subject fence is facing a parcel with a commercial or industrial land use.

(b)

Letters of no objection have been received from all landowners abutting the location of the fence subject to variance.

(2)

This provision shall not be subject to variance.

G.

Fence height.

(1)

Fences are permitted to a maximum of six feet in all land use districts; except that, where appropriate as a buffer between residential and commercial uses, fence heights may exceed six feet but may not be greater than eight feet within a required side or rear yard upon the approval of the Board of Adjustment after a public hearing thereon.

(2)

In residentially zoned districts, the only fence forward of the front building setback line that shall be allowed shall be a fence not in excess of 36 inches in height; except those properties located on the West side of Bluff View Drive, because of the topography of those properties and because the homes are set back from the street on those lots, shall be permitted to install a six-foot-high fence/gate forward of the front setback line.

(3)

Yards abutting bodies of water shall be limited to a fence constructed not in excess of 36 inches in height except for required safety barriers for swimming pools of a minimum height of four feet and as described in § 102-37B.

(4)

The above fence restrictions shall be applicable to all properties, regardless of the land use district designation.

(5)

Where a fence or wall is located at or in close proximity to a common property line with varying elevation the height shall be measured and averaged at regular intervals on both sides of the fence. The final height shall be determined by averaging the dimensions obtained from the measured interval averages. The measured interval distances shall be as close to eight feet as reasonably possible. The measurements shall be taken starting as close to original grade as possible. However, no survey will be required for the purposed or ascertaining original grade. Artificial means of elevating the fence or grade on either side of the fence such as the use of berms or planting areas shall not be used as a measuring point of the height of the fence. Decorative architectural features on fences/walls shall not be included in the height of a fence except that they shall not extend more than one foot above the maximum height, shall not have a horizontal width greater than eight inches and shall have a minimum of eight-foot spacing between them.

(6)

On double frontage lots where adjoining parcels have their street address and principal access from different streets and the backyard of one parcel abuts the front yard of the adjoining parcel, the fence height standards for front yards shall apply to front yards and backyards, unless a property owner can demonstrate a special need or hardship situation justifying a greater fence height not to exceed backyard height limitations. Such request shall be made as a variance request to the Board of Adjustment. The variance requested shall be the minimum necessary to meet the special condition or hardship.

H.

All fences located in public easements will be built in accordance with any code provisions relative to structures existing in public easements and shall be built and maintained in a manner that does not interfere with the intended use of the public easement.

I.

No fences shall be allowed in any street right-of-way.

J.

In any land use district, no fence shall be so constructed on a corner lot as to create a visual obstruction within the triangle formed by the right-of-way lines and a line drawn between the points along such right-of-way lines 30 feet distant from their point of intersection.

K.

All chain link fences shall be installed with the pointed ends to the ground. No electrically charged fence shall be erected in the city.

L.

Fences for utility stations shall be in conformance with the provisions of § 102-39.

M.

All fences on property used as service stations shall conform to the special provisions described in § 102-50A(5)(d).

(Amended 4-18-2005 by Ord. No. 2005-03; amended 10-16-2017 by Ord. No. 2017-04, § 1)

A.

All fences shall require a building permit prior to the installation or erection, and it shall be unlawful for any person to erect, alter or locate a fence within the city without first having made an application for and having been issued a permit therefor. A building permit is required for fence replacement or any repair of existing fences exceeding 50% or more of the value of the existing fence.

B.

Contents of application.

(1)

Application for a fence permit shall be made to the city and shall include a full site plan to scale in triplicate showing:

(a)

All structures on the site.

(b)

All easements, rights-of-way and dedications.

(c)

The legal description of the site and the street address.

(d)

The proposed location, length and height of the fence.

(e)

A description of the materials contained in the fence.

(2)

The Planning Official may, in his discretion, require additional construction details or a survey recently prepared by a licensed land surveyor.

C.

The Planning Official and/or the Director of Public Works are hereby authorized to approve a fence permit upon a finding that the proposed fence is in compliance with the provisions of this article and all other pertinent state and local regulations and upon payment of the appropriate fee. The building permit for said fence shall be subject to all other regulations pertaining to building permits in general.

D.

Applications for variances to this article shall be made to the Board of Adjustment.

(Amended 2-22-2005 by Ord. No. 2005-02, § 1; amended 5-18-2015 by Ord. No. 2015-07, § 1)

Violation of any provision of this article is unlawful; and any person, upon conviction thereof, shall be punished as provided Chapter 1, General Provisions, Article I, § 1-2, General penalty.

A.

The Board of Adjustment may grant such conditional uses as are authorized in this article upon application and compliance with the standards specified herein. The Board of Adjustment may authorize such dimension variances from the terms of the regulations of this article as may not be contrary to the public interest where, owing to a special condition, the literal enforcement of the provisions thereof would result in unnecessary hardship, so that the spirit of the regulations or restrictions shall be observed and substantial justice done such to the standards specified in this article. However, no variance shall be granted unless the following conditions exist:

(1)

The special conditions or circumstances of the applicant are peculiar to his structure or premises and do not apply generally to other structures or premises in the vicinity.

(2)

The variance sought does not result from an action by the applicant or from an action which had knowledge or approval of the applicant.

(3)

The variance sought does not substantially impair the purpose or intent of this article, shall not be merely a convenience to the applicant and shall not be a detriment to the public welfare.

B.

In granting such variances, the Board of Adjustment and/or staff may attach special requirements or safeguards as conditions therefor as it deems appropriate.

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).