These provisions shall regulate the construction, growth and maintenance of fences, walls, and hedges in the Town's zoning districts and in the event of any conflict with any other provision contained in the Code of Ordinances, the provisions contained in this section shall govern over any such conflict.

(Ord. No. 268, § 3, 8-13-90)

(a)

Generally. Unless otherwise provided herein, walls, fences and hedges shall conform to the following general requirements.

1.

Walls and fences may be placed on private property as near the lot lines of the property as can be reasonably accommodated.

a.

When located behind the front building line (also known as the front setback), walls and fences may be a maximum of six (6) feet in height measured from the grade.

b.

When located between the front building line and the ten (10) foot strip of Town property, walls and fences may be a maximum of three (3) feet in height measured from the grade.

c.

Walls and fences are prohibited in the ten (10) foot strip of Town property.

d.

All walls and fences shall be positioned with the finished side facing out and away from the property being enclosed. Walls and fences may not prevent or interfere with the free right or opportunity to use or make use of essential services; nor may they obscure the vision of vehicle drivers at the intersection of an access way and a public right-of-way, or two (2) or more public rights-of-way as defined in section 78-75 of the Town Code of Ordinances.

2.

Hedges may be placed on private property as near the lot lines of the property as can be reasonably accommodated such that the outside edge of the hedge does not extend beyond the vertical plane of the lot line.

a.

When located behind the ten (10) foot strip of Town property, hedge height shall be unrestricted; however, all hedges must be maintained in accordance with the Town's minimum property standards regulations (Chapter 14, Article XII) and the Town's vegetation code (Section 78-79). Such hedges must be maintained at all times so that they do not interfere with overhead utility lines.

b.

When located within the ten (10) foot strip of Town property, hedges may be a maximum of six (6) feet in height measured from the grade.

c.

Notwithstanding the definition of "hedge" at Section 78-51 of the Town Code of Ordinances, palm tree clusters no greater than ten feet in width located within the ten (10) foot strip of Town property are permitted and shall not considered to be hedge material.

d.

Notwithstanding any of the foregoing, vegetation (including trees, individual or clustered palms, and hedge material) is prohibited within three (3) feet of the edge of pavement. However, this restriction shall not prohibit the use of lawn grasses or other ground cover that does not exceed twelve (12) inches in height, or a maximum of two (2) pieces of other ornamental vegetation that do not exceed two (2) feet in width and three (3) feet in height.

e.

Hedges may neither prevent nor interfere with the free right or opportunity to use or make use of essential services; nor may they obscure the vision of vehicle drivers at the intersection of an access way and a public right-of-way, or two (2) or more public rights-of-way as defined in Section 78-75 of the Town Code of Ordinances.

3.

Inconsistent grades. If the grade elevation at the lot line of the abutting lot does not match to the grade elevation at which the wall, fence or hedge is to be placed, the height of the wall, fence or hedge shall be measured from the higher of the conflicting grade elevations. If a retaining wall is installed at the adjoining lot line it shall be a maximum of three (3) feet in height measured from the lower of the conflicting grade elevations and placed to the rear of the front setback line. Fences or fencing affixed to or atop of or immediately abutting a retaining wall shall be a maximum of six (6) feet in height. If a retaining wall is installed at the adjoining property line, drainage shall be accommodated on-site and shall not discharge to adjacent properties.

(b)

Waterfront lots on Lake Drive, Inlet Way and Ocean Avenue shall apply the following requirements.

1.

Rear lot line, Lake Drive only:

Walls and fences placed on, along or adjacent to the rear lot line (also known as the bulkhead on Lake Worth) shall not exceed four (4) feet in height measured from the grade.

2.

Front yards, Lake Drive, Inlet Way and Ocean Avenue:

i.

Walls and closed fences (fences that allow the transmission of light and air to pass through ten (10) percent or less of their surface area) located between the front building line (also known as the front setback) and the ten (10) foot strip of Town property may be a maximum of four feet in height measured from the grade.

ii.

Open fences (fences that allow the transmission of light and air to pass through more than ten (10) percent of their surface area) located between the front building line and the ten (10) foot strip of Town property may be a maximum of six (6) feet in height measured from the grade.

(c)

Corner lots shall apply the following requirements.

1.

Corner lots in Zoning Districts B, C, and D shall apply the general wall, fence and hedge requirements in section (a) by treating both the side of the property facing Lake Drive, Atlantic Avenue or Ocean Avenue, and the side of the property facing the applicable east-west street as front yards, applying front building line (also known as the front setback) requirements to each.

2.

Corner lots in Zoning District A shall apply the wall, fence and hedge requirements in section (a) by designating the building line corresponding to the orientation of the front door of the building as the front building line regardless of that building line's actual location on the lot. Further, any wall or fence located in a yard that abuts either the ten (10) or fifteen (15) foot strip of Town property and that is three (3) feet or taller shall be fully landscaped on the street side of the wall or fence with at least forty percent (40%) of the landscape being the height of the wall or fence and sixty percent (60%) of the landscaping being at least four (4) feet in height. No wall, fence or hedge provided for in this section shall obscure the vision of vehicle drivers at the intersection of an access way and a public right-of-way, or two (2) or more public rights-of-way as defined in section 78-75 of the Town Code of Ordinances.

(d)

Swimming pool exception. When a corner lot situated along Lake Drive, Atlantic Avenue or Ocean Avenue, or any lot located in Zoning Districts C or D has a swimming pool that is located in a "front yard" as defined at Pf. 12.3.(a)(1) of this Zoning Ordinance, and requires a fence or wall located between the front building line (also known as the front setback) and the ten (10) foot strip of town property to serve the additional function of a pool barrier required by the Florida Building Code and Florida Statutes, said fence or wall, if not otherwise allowed by this section, may be constructed to the minimum required height for swimming pool barriers as provided in the Florida Building Code and Florida Statutes notwithstanding anything contained herein to the contrary, so long as said fence or wall is located no closer than three (3) feet from the ten (10) foot strip of town property.

(e)

Gates and gateposts. Gates may be a maximum height of six (6) feet, as measured from grade, in all zoning districts. Gateposts, exclusive of decorative/lighting fixtures, may be a maximum height of six (6) feet, as measured from grade, in all zoning districts.

(f)

Prohibited materials. Barbed wire, razor wire or any other type of fencing material with sharp edges by whatever name it may be called is strictly prohibited within the Town of Palm Beach Shores.

(g)

Street corners. Concrete ornamental masonry, and balustrades and standards located on street corners throughout the Town shall not be removed by adjacent lot owners. Only ground cover may be planted in front of any balustrade. Shrubbery immediately behind a balustrade shall be limited to the height of the balustrade.

(Ord. No. 268, § 3, 8-13-90; Ord. No. 306, § 1, 4-12-93; Ord. No. 318, § 1, 12-5-94; Ord. No. 0-01-99, § 2, 2-15-99; Ord. No. O-14-99, § 1, 1-17-00; Ord. No. O-08-04, § 1, 5-16-05; Ord. No. O-6-08, § 2, 8-18-08; Ord. No. O-2-10, § 2, 8-16-10; Ord. No. O-3-11, § 1, 9-19-11; Ord. No. O-1-12, § 1, 4-16-12; Ord. No. O-1-21, § 1, 6-26-21; Ord. No. O-7-23, § 1, 4-22-24)

Any fence or wall constructed or maintained shall comply with the provisions of the Florida Building Code applicable thereto.

Foundation or reinforcement support materials, footings, posts, beams and other construction support materials used in the construction of any fence or wall shall be placed on the interior or inside of the fence or wall facing toward the opposite side of the lot line of the applicant's property and not on the anterior or outside of the structure facing toward the adjacent lot line.

Flat or corrugated metal, plastic or wood sheets shall not be permitted in the construction of any fence or wall.

Fences, walls and hedges erected in the easement area shall be constructed or grown so as to cause no damage to utility installations. Fences, walls and hedges erected or grown in the easement area shall be provided with openings or unlocked gates to permit accessibility to meter readers and service crews.

(Ord. No. 268, § 3, 8-13-90; Ord. No. 306, § 2, 4-12-93; Ord. No. 318, § 2, 12-5-94; Ord. No. O-08-04, § 1, 5-16-05)

A permit is required for the construction or installation of fences, walls or hedges in the Town. In order to ascertain that proposed fences, walls and hedges are in conformity with the Town Code of Ordinances, all applications for such permits shall include the following:

(1)

The area to be enclosed.

(2)

All lot dimensions.

(3)

All setback dimensions.

(4)

The landscaping plan at the fence, wall or hedge line.

(5)

Points of ingress and egress.

(6)

Easement for public access, if any.

(7)

Placement and sizes of all signs, if any.

(8)

Construction materials.

(Ord. No. 268, § 3, 8-13-90; Ord. No. 318, § 3, 12-5-94; Ord. No. O-09-99, § 1, 8-16-99)