Ordinance 84-05ORDINANCE 84- 5
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE-
HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, BY AMENDING SECTION 8.33
(FENCES) BY REDUCING FENCE HEIGIITS ALONG WATERFRONT
YARDS; BY ALLOWING FENCES AS A PRINCIPAL STRUCTURE;
BY DETERMINING }{OW THE HEIGHT Of A FENCE IS MEASURED,
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida:
SECTION ONE:
Section 8.33 of the Zoning Ordinance of Collier County, Ordinance 82-2
is hereby amended to read ss follows:
*************
a. Fences Residential:
(~)
(2)
In any residential district no closed wall or
fence shall be erected or maintained within
twenty (20) feet from the corner intersection
of street right of way.
Fences or walls outside of the building line
limited to n mmxtm~m height of six
feet except that walls or fence~ located
outside the building line on waterfront lots of--.
one ~1) acre or less shal] be limited tn;a.
height of four (4) feet where .uch fence~qr
wall adJoins~ is placed parallel to, or is
adJac.enr tg.a.canal or waterway. The height
of any fence or wall placed in a side yard
shall be reduced from six (6) feet to four
(4) feet startln~ at the required rear
setback line and shall remain at a maximum
height of four (4) feet in all areas adjacent
to the canal or waterway. (SEE FIGURE 1)
(a)
No barbed wire, spire tips, sharp objects,
or electrically rharged fences shall be
erected in any residential area or district,
except that the Board of Zoning Appeals may
allow the use of barbed wire in conjunction
with chain link fencing where it finds a
security need, i.e., around hazards, utility
substations, sewage treatment plants, etc.
(4)
Fences shall be treated as a structure for
building permit purposes, and a permit shall
be obtained prior to erect~on.
Fences ~hall be permitted uses in all residential districts.
b. Fences in Non-Residential Districts.
WORDS UNDERLINED ARE ADDITIONS; WORDS
ARE DELETIONS.
(1) Fences involving ' agricultural purposes are
exempt from height and type of construction.
(2) Fences In commercial and industrial districts
are limited to eight (8) feet tn height with
restriction to be lifted if an extreme
emergency exists.
(3) All f~ncea shall be of sound, sturdy con-
struction and not detract from the neighbor-
hood·
(4) Barbed wire is authorized in ell non-
residential dlstrict.
(5)
No fence shall block the view of passing
motorists or pedestrians so as to constitute
s hazard.
(6) Fences shall be permitted uses In all non-
residential districts.
SECTION TWO:
Fence Height Measurements For All District.
Thc h~t~ht of a fence or wall located outside
of the Buildln~ Line shall be measured from
tile ground level nt the fence location.
However~ if the Zonin~ Director determines
.that .the ~round level has been altered so as
to provide for a hi~her fence~ then the Zoni.n~
Director shall determine the ~round level for
~urposes of measurin~ the fence height.
In decermtnin~ whether the ~round level has
been altered for the purpose of increasing
the hel£ht of the fence~ the Zonin~ Director
ma~ consider, but is not limited to, consid-
eration of the followin~ facts:
(~l) general 8round elevation of the
entire lot~
~.2~ .... in the case of a lot with varying
~round elev~tions, the ~round
elevetion at the fence location
and at points in tbs v~cinity of
the fence locationi
{3~ the ~round elevation on both sides
of the fence location.
In messurin~ the fence height, the ~round
elevation on the side of the fence location
that is at the lowest elevation shall be used
as the point from which the fence height is
to be measured.
This Ordinance shall become effective upnn notice that
received by the Office of the Secretary of State.
it has been
January 10~ 1984
WOILD$ UNDERLINED ARE ADDITIONS;
~ence Ordinance
BOARD OF COUNTY COMMISSIONERS
COLLL~COUNTY, FLORID~
DAVID C, EROWN, CHAIRHAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
.4~r C0UNrr
WORDS 6~RW6K-~i~ROWGN ARE DELETIONS.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of~
ORDINANCE NO. 84-5
which was adopted by the Board of County Commissioners during
Regular Session the lOth day of January, 1984.
WITNESS my hand and the official seal of the Board of
County Commi~sioners of Collier County, Florida, this llth
day of January, 1984.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of
County Commissioners
Virgi~ Magri ' ~/
Deputy Clerk _
FENCES ON CANAL
OR
WATERFRONT
LOTS
WATERWAY
IF ONE OF THE SIDES
IS Al. SO WATERFRONT, ~..
THE HEIGHT WOULD BE " ~ .-'" ~ ~ _
REDUCED TO FOUR (4) FOOT. ,' /'~...~ //
FIGURE I