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Commission adopts ordinance revising residential setback and fence rules; city staff say changes comply with SB 180
Summary
On second reading the commission adopted amendments to zoning rules governing setback encroachments, residential fencing and pool safety barriers in R-1 and RTH districts. City staff told commissioners the changes are more permissive and comply with SB 180; the ordinance passed 4–1.
The City Commission adopted on second reading amendments to the city's zoning code that clarify and expand certain permitted setback encroachments and residential fencing rules in single-family (R‑1) and townhouse (RTH) districts.
The ordinance revises definitions and rules of construction, clarifies allowable encroachments in setbacks, updates pool safety barrier heights and revises setback requirements for utility and mechanical equipment, among other edits. Staff said the changes were reviewed for compliance with state law (SB 1 80) and that the ordinance is not more restrictive than current practice; the city attorney and zoning director told the Commission the edits are largely permissive.
During the second-reading hearing the Commission took public comment. A speaker from the Golden Shores area asked commissioners to oppose the measure, saying the changes felt restrictive to property owners in that neighborhood. Commissioners debated the community feedback but a majority supported the ordinance.
The vote was 4–1 in favor: Vice Mayor Lamo, Commissioner Joseph, Commissioner Viscara and Mayor Svachin voted yes; Commissioner Stuyvesant voted no. The city attorney said the ordinance had been reviewed and that it did not run afoul of SB 180 because the provisions are not more restrictive than existing code.
What’s next: the ordinance will be codified and become effective per the dates in the ordinance language.
