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Planning commission recommends clearer fences-and-walls rules to protect seawall views, speed emergency response

Planning and Zoning Commission · April 1, 2026
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Summary

The commission recommended approval of Ordinance 17-26 to clarify fences-and-walls rules, add emergency-response applicability and administrative deviations, and formally allow fiberglass as a fence material; the measure will move to City Council for introduction April 15 and a hearing May 6.

The Planning and Zoning Commission on April 1 recommended approval of Ordinance 17-26, a targeted revision to the city's fences-and-walls rules designed to clarify cross-references, memorialize enforcement practices for waterfront view corridors, and add emergency-response and administrative-deviation provisions.

Anthony Santore, senior planner in Development Services, told the commission the amendment "seeks to amend the sections to provide some consistency and clarity throughout the fences and walls regulation, and to provide for some emergency response provisions and administrative deviation provisions." He said the changes are intended to make permitting easier and to let staff respond rapidly in storms or other emergencies.

Santore walked commissioners through specific edits: correcting a cross-reference in table 5.21, adding a new applicability subsection in 5.27(a) to exempt city-owned infrastructure and to permit fencing deemed necessary to protect infrastructure or resident safety, and introducing administrative-deviation criteria that require applicants to show reasonable necessity, preservation or enhancement of visual character, and no adverse effect on public health, safety or welfare.

The draft also adds fiberglass to allowed materials, which Santore said reflects "new breakthroughs in fiberglass technology" and common usage in pool fencing. For waterfront properties, the ordinance would limit opaque fences to a maximum height of 3 feet and dense vegetation to 4 feet in specified setback zones, extend that limitation 10 feet off the rear property line and 7.5 feet off side lines for prescribed distances, and require that transparent fence sections above 3 feet meet a 75% openness standard.

Commissioner Estes asked whether the rules preserve rear-yard views to waterways and sought clarification on the 10-foot seawall setback and 7.5-foot side-yard measurement; Santore confirmed the setbacks and said the intent is to maintain view corridors from back yards to the water while still allowing reasonable privacy and safety measures.

The commission voted to recommend the ordinance. Santore told the panel the proposal was consistent with section 3.50.4 and the comprehensive plan; staff listed a tentative City Council introduction for April 15 and a council hearing on May 6 as the next steps.

The commission's recommendation will be transmitted to City Council for formal action.