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County updates fence rules: pool-fencing waiver becomes administrative and residential fence standards clarified
Summary
The Board adopted a Land Development Code text amendment clarifying fence-height rules across residential zoning districts, adjusting pool-fence waiver procedures to an administrative process, and allowing certain higher fences for public facilities and athletic courts.
The Board unanimously adopted an amendment to the county Land Development Code (item 10A1) on Jan. 7, 2025, that clarifies fence-height rules across residential zoning districts and changes the process for pool-fence waivers from a Board public hearing to an administrative approval by the Planning and Development Services Director, with an appeal to the Board.
Planning Director Ben Balser told commissioners the amendment makes several clarifications: it treats Agricultural-Residential 1 (AR-1) as a residential category for fence heights; sets a maximum fence height of four feet in required front yards and six feet in side and rear yards for residential districts (with flexibility for grade changes); allows up to 12-foot fences around athletic courts when needed for safety/containment; and allows certain containment-style fencing near preserves to maintain compatibility where appropriate. The amendment also codifies the county's longstanding practice of requiring a permanent four-foot non-climbable fence around residential pools not enclosed by a screen, in addition to the state Residential Swimming Pool Safety Act (Fla. Stat. § 515.27).
Under the revised procedure, applicants may seek an administrative waiver from the Planning and Development Services Director if an existing built or natural condition provides equal or greater protection than the required four-foot permanent fence; if the administrative waiver is denied, applicants may appeal to the Board for review. Staff recommended adoption and the Board approved the ordinance's adoption hearing unanimously.
Ending: The change is intended to simplify decisionmaking for routine pool-fence exceptions while preserving public notice via an appeal process and to provide clearer standards for property owners and code enforcement.
