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Deltona commissioners order rewrite of fence, wall and hedge ordinance after residents report inconsistent rules and permitting
Summary
Commissioners described confusing, sometimes contradictory provisions about fence heights, front‑yard limits, survey and permit requirements and waterfront rules; staff and the building official agreed to review and return with clarified, simplified language and an emergency repair procedure.
Deltona commissioners on May 8 directed staff to rewrite and simplify the city’s rules on fences, walls and hedges after residents and multiple commissioners described inconsistent enforcement, outdated diagrams and burdensome survey and permitting requirements.
Why it matters: Residents told commissioners that when fences are damaged by storms they are sometimes required to pull new permits and supply updated surveys before replacing panels, a process that can be costly and delay repairs. Commissioners said that inconsistent code text and an incorrect diagram have contributed to confusion and to confrontations at the permit counter.
What commissioners said Commissioner Jody Lee and others said the city is telling some residents they may only build 4‑foot fences on corner lots, while other code text authorizes 5 feet; the printed diagram in permit materials still shows 4 feet and has not been corrected. Lee said homeowners replacing a few wind‑damaged panels have been told they must provide a current survey and a full permit even when the fence is being replaced “like for like.”
Planning and building staff response Interim planning staff and the new building official acknowledged the confusion and said parts of the code are outdated or duplicative. Interim planning director Joe (planning and development services) told commissioners the diagram showing 4 feet is outdated; the current code text allows 5 feet in the front yard under certain conditions. New Building Official David Meyer said the survey requirement exists to confirm lot lines and floodplain or other constraints, and that surveys on file older than ten years may not reflect current conditions.
Special rules and landmarks cited - Waterfront and golf course lots: Commissioners noted a 2016 amendment that limits solid privacy fences in rear yards on waterfront or golf course lots to no more than 4 feet, a change described to protect views. The code also requires uniform opacity (materials) across a fence section; mixing a solid privacy panel next to an open iron section can violate the ordinance. - Building vs. zoning permits: Staff said the code’s general “permit” language can mean separate building or zoning permits; that separation has contributed to confusion at the counter.
Commission direction Commissioners asked staff to: - Rewrite and simplify Chapter 110 (zoning) Article 8 (fences, walls and hedges) and related diagram/permit materials so the rules are clear and consistent. - Clarify corner‑lot standards, front‑yard heights (correct the diagram and the code text to match), and whether repairs after storms can proceed under a limited or emergency process without an immediate new survey. - Add an emergency provision for storm damage to allow like‑for‑like repairs in a defined, time‑limited way.
Staff timeline and next steps City Manager Chisholm and building and planning staff said they will gather stakeholders, align building and planning procedures, and return with proposed code language and an updated diagram. Staff noted that the Florida Building Code contains provisions for fences over 6 feet, and that the review must consider state and model code references.
(Quotes in this article are from Commissioner Jody Lee, Interim Planning Director Joe, Building Official David Meyer and City Manager Chisholm during the May 8 workshop.)
