§ 33-11. Fences, walls, bus shelters and hedges.

(a)

Permits; conformance to requirements; erection on property lines; chain link fences restricted. Permits shall be required for all walls and fences, and except as may be approved as a result of public hearings, walls, fences, which obscure or obstruct vision, and hedges shall be restricted to the height, location and type as indicated hereinafter, and except when a higher wall, fence or hedge is required as a visual screening buffer at the rear of double frontage lots under Chapter 28 of this Code.

(1)

Except as hereinafter restricted, all walls, fences and hedges may be placed on the property lines. This section, however, shall not be construed to permit such walls, fences and hedges to extend beyond the official right-of-way lines or property lines.

(2)

Notwithstanding anything in this Code to the contrary, chain link fences shall be permitted only behind the front building line in all districts, except that chain link fences are permitted in the front building line in AU districts, EU-1 and EU-2 districts, IU districts, and GU districts trended agricultural, EU-1, or EU-2, and for construction fences governed by the Florida Building Code and fences used to temporarily secure unsafe structures in accordance with the provisions of this Code. Chain link fences lawfully existing prior to November 13, 2015 may remain, subject to the nonconforming use provisions of Section 33-35 of this chapter.

(b)

Exterior finish of walls and fences. All walls and fences shall be maintained in good, clean and finished condition. A fence with a finished and unfinished side shall be erected so that the unfinished side and supporting members face inward toward the interior of the property. Furthermore, all fences shall have the finished side facing the neighboring property or street (outward). A continuous wall or fence that is owned by multiple property owners or held in common ownership shall be of uniform construction and materials and its exterior shall also be maintained in good, clean and finished condition for the entire length of said wall or fence. Each side of a CBS wall shall be completely finished with stucco and paint. Each side of a decorative masonry wall shall be completely painted; however, walls comprised of decorative brick and natural stone may be left unpainted provided the cement and grout are finished on both sides. If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall. If such consent cannot be obtained, the property owner erecting the wall must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing address(es) as listed in the most current Miami-Dade County tax roll, and the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within thirty (30) days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall. Cloth, fabric, canvass, silt screens, mesh, or other such material shall not be utilized as a fence unless otherwise required by law or unless being utilized in IU (Industrial), BU (Business), OPD (Office Park), RU-4A (Hotel Apartment House), RU-5 (Residential-Semi-Professional Office), and RU-5A (Semi-Professional Office) zoning districts, or pursuant to Section 33-11(f) above.

(c)

Height at intersection. Fences, walls, bus shelters or hedges shall not exceed two and one-half (2.5) feet in height within the safe sight distance triangle, as defined below. The height of fences, walls, bus shelters and hedges shall not exceed two and one-half (2.5) feet in height within ten (10) feet of the edge of driveway leading to a public right-of-way.

The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half (2.5) feet or more above pavement; potential obstructions include, but are not limited to, structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, walls and fences. The following table represents minimum criteria for determining the required area of cross-visibility:

Safe Sight Distance Triangle Table

	Required Visibility
Functional Classification of Through Street	Left (ft.)*	Right (ft.)*	Depth on Minor Street (ft.)**
Local	0	0	0
(50 foot or less right-of-way)	(triangle lies within public right-of-way)
Collector	190	40	7
(60 foot—70 foot right-of-way)
Arterial	260	40	7
(80 foot or over right-of-way)

 

 *Visibility distances measured from center line of minor street, along right-of-way line of through street.

**Depth visibility on minor street measured from right-of-way line of through street, along center line of minor street (public or private street).

Table interpretations and waivers of the above requirements shall be made in writing by the Director of the Public Works Department.

(d)

Measuring height of wall, fence or hedge. The height of a wall, hedge or fence shall be the vertical distance measured from the average elevation of the finished building site to the top of the wall, hedge or fence. The average elevation shall be measured along both sides of the wall, hedge or fence line. Virgin land may not be increased or decreased to affect the permitted (or required) height of a wall, hedge or fence unless the entire building site is graded to even out the level of the site or to increase it to the required Miami-Dade County flood criteria elevation. Average elevation shall be determined by taking elevations along both sides of the wall, hedge or fence line, at five-foot intervals and totaling the same and then dividing the total by the number of stations at which the elevations were taken.

(e)

Height between different districts. Notwithstanding any provisions in this chapter to the contrary, where an RU District abuts another district, a fence, wall or hedge on the RU property may be erected, or maintained on the common property line of the height permitted in the abutting district.

(f)

Fences for tennis courts; fences and walls for other recreational uses. Fences for tennis courts may be erected up to fourteen (14) feet in height if such fence conforms to accessory use setbacks. Fences and/or walls in connection with other permitted recreational uses, such as baseball backstops, handball courts, and the like, shall be permitted of a height necessary for the particular use if required accessory use setbacks are observed.

(g)

Wire fences, chain link fences, barbed wire and electricity charged fences. Wire fences and chain link fences shall be allowed in all districts in accordance with the provisions of this section and except where otherwise prohibited by this chapter. Cloth, fabric, canvass, silt screens, mesh, plastic cross mats, or other such material affixed to wire fences or chain link fences must be properly maintained. Failure to properly maintain the material shall be a violation of this section. Unless otherwise required by local, state, or federal law, wire fences and chain link fences on properties in RU and EU districts shall not have the application of cloth, fabric, canvass, silt screens, mesh, plastic cross mats or other such material; and if required by law, such material shall not be affixed without first obtaining a building permit. Barbed wire fences and fences charged with electricity shall be permitted only in the AU Zoning District, except as may be approved after public hearing and except:

(i)

Barbed wire fences shall be permitted in the BU and IU Zones where such barbed wire is placed on an angle extension of not more than sixteen (16) inches on top of walls or fences at least six (6) feet in height. This extension shall contain no more than three (3) strands of barbed wire and shall not extend over official rights-of-way or over property under different ownership.

(ii)

Electrically charged secondary wire fences that are pulsating shall be permitted in IU Districts where such fences conform with the requirements of Section 33-11(k).

(h)

Heights in RU and EU-M Districts. In the RU and EU-M Districts, the height of any fence or wall shall not exceed six (6) feet. In the RU and EU-M Districts, the height of any hedge shall not exceed seven (7) feet. In the RU-5 and RU-5A Districts, fences, walls and hedges shall conform to these regulations, except as may otherwise specifically be required by the District regulations.

(i)

Height in other EU, AU and GU Districts. In EU Districts other than EU-M, and in AU and GU Districts, the height of any fence or wall shall not exceed six (6) feet when located within the required front or side street setback areas; In EU Districts other than EU-M, and in AU and GU Districts, the height of any hedge shall not exceed seven (7) feet when located within the required front or side street setback areas. At other points in such districts, fences, walls or hedges shall not exceed eight (8) feet in height. The Director may authorize hedges of a greater height for windbreaks for groves when necessary to protect same.

(j)

Height in BU and IU Districts. In the BU and IU Districts, the height of any wire fence shall not exceed eight (8) feet when located within the required front or side street setback areas; when located between the building line and other property lines, not to exceed eight (8) feet in height. Walls and hedges, when located within the required front or side street setback areas shall not exceed four (4) feet in height; when located between the building line and other property lines, walls and hedges shall not exceed eight (8) feet in height. It is provided, however, that electrically charged secondary wire fences in IU Districts shall not exceed ten (10) feet or two (2) feet above the height of primary perimeter fence, whichever is lower.

(k)

IU Districts, fence in lieu of wall. In IU Districts, a wire fence or combination wire fence and electrically charged secondary wire fence that is pulsating shall be permitted in lieu of a masonry wall as required in the IU Districts under the following conditions:

(1)

That the property concerned is zoned industrial and the adjacent property, either abutting on or across the street from where the fence is to be erected is zoned industrial.

(2)

The storage within such fences be limited to vehicles, equipment and new materials.

(3)

That all required parking be excluded from the fenced-in area, unless otherwise approved by the Director.

(4)

Where abutting property is other than industrial, or where the property on the street opposite the industrial site concerned is zoned other than industrial, a concrete wall will be erected as otherwise provided for in this chapter.

(5)

Electrically charged secondary wire fences shall be completely surrounded by a non-electrical fence or wall located between the electrically charged wire fence and the perimeter of the property; and

(6)

The height of the electrically charged secondary wire fence shall not exceed ten (10) feet or two (2) feet above the height of a non-electrical perimeter fence, whichever is lower; and

(7)

Electrically charged wire fences shall be clearly identified with warning signs that read: "Warning - Electric Fence". Such warning signs in three languages, English, Spanish and Creole, shall be posted on the electrically charged fence at least five (5) feet above finished grade and spaced no greater than sixty (60) feet apart; and

(8)

A Building permit shall be required prior to installing an electrically pulsating charged wire fence. Said fence must meet all applicable life-safety codes.

It is provided, however, that the limitations set forth in this section for electrically charged fences shall not apply to United States Military Bases.

(Ord. No. 69-62, § 1, 9-17-69; Ord. No. 70-20, § 1, 3-11-70; Ord. No. 80-127, § 1, 11-4-80; Ord. No. 82-31, § 1, 4-20-82; Ord. No. 85-31, § 2, 5-7-85; Ord. No. 89-109, § 1, 11-7-89: Ord. No. 95-25, § 1, 2-7-95; Ord. No. 95-199, § 1, 11-7-95; Ord. No. 03-159, § 1, 7-8-03; Ord. No. 05-77, § 1, 4-19-05; Ord. No. 10-87, § 1, 12-7-10; Ord. No. 11-57, § 1, 8-2-11; Ord. No. 11-68, § 1, 9-20-11; Ord. No. R-13-09, § 1, 2-5-13; Ord. No. 14-06, § 1, 1-22-14; Ord. No. 15-128, § 1, 11-3-15; Ord. No. 15-143, § 1, 12-1-15)

Cross reference

Wall around junkyards, § 33-15.