Land Development Code - City of Daytona Beach, FL

*Code cross reference--Buildings and building regulations, ch. 22.

A permit shall be obtained prior to:

(a)   Erection of any wall or fence.

(b)   Repair or replacement of 50 percent or more of any wall or fence.

(a)   Except to the extent specifically provided otherwise, fences, walls, and hedges shall be permitted in any required yard.

(b)   Barbed wired fencing shall be prohibited in all zoning districts except industrial districts. In industrial districts, barbed wire fencing shall not be permitted along arterial or collector streets, and must be set back at least three feet from the right-of-way.

(c)   Fences and walls shall not exceed four feet in height along and between the front lot line and the front of the structure, and shall not exceed six feet in height elsewhere on the lot. In BW and M districts, a six foot high masonry wall may be permitted in the front yard for site screening provided that there are no negative impacts as determined by development review staff.

(d)   Chain link fences shall be prohibited between the front lot line and the front of the structure in all districts. Chain link fences located behind the front of the structure shall not exceed eight feet in height in BW and M districts, and shall not exceed six feet in height in all other districts. Tennis courts, basketball courts, and similar recreational facilities may be enclosed in vinyl coated chain link fence exceeding six feet in height.

(e)   Hedges shall not exceed six feet in height along and between the front lot line and the front of the structure, and shall not exceed eight feet in height elsewhere on the lot.

(f)   Fences or walls along multifamily or nonresidential property perimeters adjacent to public rights-of-way shall be set behind any required landscape or buffer yard area. On interior lot lines, the fence or wall may be placed on the property line and tree planters with accent plantings shall be placed adjacent to the inside of the fence or wall.

(g)   Fences to control windblown particles required by Article 8, section 5.2(d) shall conform to the requirements of section 6 as well as this section.

(h)   Wrought iron fences in any zoning district may be a maximum of six feet in height with columns extending up to 12 inches above the fence height.

(i)   Additional restrictions on the height or location of fences, walls, or hedges may be imposed where necessary for purposes of vehicular and pedestrian safety.

(Ord. No. 00-208, § 1, 5-17-2000; Ord. No. 07-36, § 1, 1-24-2007)

(a)   Nothing in these regulations shall be construed to prohibit or prevent the erection of a retaining wall on any property where the wall does not adversely affect the natural flow of surface water or create any other adverse effect upon adjacent or adjoining properties.

(b)   If a six-foot-high screening wall is required where it would be atop a retaining wall, the screening wall may be modified or waived to allow an alternative size or type of screen to be installed above the retaining wall which satisfies the screening function.

(c)   A retaining wall along a property perimeter adjacent to a public right-of-way shall be constructed of stone, brick, or other decorative surface, or shall be screened by landscaping.

(a)   All fences and walls shall be constructed with quality materials and workmanship. Fences and walls shall be built plumb and sturdy enough to withstand normal wind loads and stresses.

(b)   Required screening walls shall be six feet high. The lower four feet shall be solid-faced construction; the upper two feet may be solid-faced, open-faced or ornamental construction provided at least 50 percent opacity is maintained. The exterior surface of the wall shall be painted or stuccoed to industry standards to protect the wall from moisture absorption and to enhance appearance. The exterior color of the wall shall be an earth tone.

(c)   Required screening fences shall be solid face construction of pressure treated pine, cedar, concrete, or cypress materials. Plywood, particle board, or similar materials are prohibited. Fences required by article 8, section 5.2(d) shall be constructed with a stockade-style solid face. The color of the fence shall be natural wood or an earth tone stain or paint.

(d)   Required screening hedges for nonresidential land uses adjacent to residential land uses shall be three feet high at the time of planting, and shall be of a species capable of attaining a six-foot-high dense screen at maturity.

(e)   The top of all fences and walls shall be level, and all posts shall be set perpendicular to the top. On sloping sites, the top of the fence or wall shall be stepped with a maximum step height of 24 inches, and the maximum height shall not be exceeded.

(a)   For the purpose of improving the visual appearance from public streets, all properties along major city thoroughfares as defined in article 2, section 2 shall meet the requirements of this subsection by December 19, 2008. Prior to that date, the requirements of this subsection shall be met when any of the following occurs:

1.   A new fence or wall is constructed.

2.   Fifty percent or more of an existing fence or wall is repaired, replaced, or rebuilt.

3.   The use of a property is changed.

4.   A business use is reopened after it has been closed for six months or more.

5.   A site or building is renovated or improved and the improvement cost exceeds a minimum of $5,000.00 and, added to any other improvements done during the five years immediately preceding, the cost equals or exceeds 20 percent of the total assessed value of the principal structure.

(b)   These requirements are cumulative and shall apply to those fences and walls of multifamily or nonresidential land uses constructed within 25 feet of, or within a front yard along, the right-of-way.

(c)   Fences and walls shall be located a minimum of five feet from the front property line and behind any required setback, including scenic, bufferyard, or landscaping setbacks. The setback area shall be landscaped in accordance with article 18, section 2, Landscaping.

(d)   Fences and walls shall be a maximum of six feet high.

(e)   Fences and walls shall be of a design consistent with the architectural theme of the site as developed, and shall be compatible with adjacent properties and the neighborhood. Materials may be wood, masonry, wrought iron, aluminum, concrete, or durable plastic.

(f)   Wooden fences shall be constructed of pressure treated pine, cedar, or cypress; plywood, particle board, or similar wood materials are prohibited. The finished side shall face outward, and stringers and posts shall not be visible from the outside.

(g)   Walls shall be masonry, stone, or brick construction. Masonry walls shall have a stucco finish or a textured manufactured finish such as "fluted" block. Plexiglas panels may be used for walls around pool decks.

(h)   Fence or wall colors shall be matte finish earth tones, matte black, matte white, or pastels with a minimum matte white content of 90 percent. Colors shall complement the primary color of the development and shall not be so extreme in contrast or intensity that the color competes with the building for attention or acts as a sign.

(i)   Temporary fencing of galvanized wire, durable plastic, or wood erected for major sports, promotional, or entertainment events, or to protect construction sites, shall be exempt from these requirements. Construction site fencing shall be permitted to remain as long as the building permit is active. Other temporary fencing shall be maintained for no more than 60 consecutive days.

(Ord. No. 00-208, § 1, 5-17-2000; Ord. No. 07-36, § 1, 1-24-2007; Ord. No. 08-238, § 5, 9-17-2008)

Walls and fences shall be maintained at the proper height and density in a plumb and upright position free of any defects, damage, and discoloration.

Editor's note:  Ord. No. 02-364, § 18, adopted July 17, 2002, repealed Art. 8, § 3.7 in its entirety. Formerly, said section provided for appeals from decisions regarding fences, walls and hedges. See the Land Development Code Comparative Table.