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Commission recommends ordinance change to ease replacement of previously permitted fences
Summary
Planning staff proposed—and the commission recommended—an amendment to Titusville’s fence permit rules that would allow full replacement of previously permitted fences without a new permit so long as materials, height, linear feet and placement remain unchanged.
The Titusville Planning and Zoning Commission on July 2 recommended an ordinance amendment to change fence permitting rules so that replacement of a previously permitted fence would not require a new building permit if the replacement matches the original permit record in linear feet, materials, height and placement.
Staff explained the current code allows repairs up to 50% within two years without a permit, a threshold that the building department has found hard to administer. “The 50% rule has proven to be difficult to administer as it is often subjective and misleading,” a staff member said. The proposed ordinance replaces the 50% rule with language allowing repair or replacement up to 100% without a permit provided an approved permit record exists for the original fence and no changes are made in linear feet, material, height or placement.
Under the proposed language, any alteration to a permitted fence—defined to include changes in material, linear feet, height or placement—would still require a building permit. Staff also proposed amending Section 34-346 (nonconforming structures) by adding a subsection clarifying the replacement/repair exception for previously permitted fences; the revised ordinance text was included in the meeting packet.
Commissioners expressed support for the change as easier to administer. Member Faison moved to approve the ordinance language as presented; Member Gillen seconded. The motion passed unanimously on a roll-call vote and the recommendation will be forwarded to City Council for consideration.
If adopted by council, the change would streamline repairs and like-for-like replacements for property owners while preserving the permit requirement for material, height, placement or linear-foot changes.
