§ 6.07.02. Regulations

A.

General Regulations for Fences

1.

Height shall be determined from the lowest point of average grade of the lots on either side of and immediately contiguous to the fence, to the average top elevation of said fence. Berms, when used in conjunction with fences, shall be included in height determinations.

2.

No fence exceeding two and one-half feet shall be constructed within the visibility triangle at roadway intersections as described in 6.04.03 F.

3.

No fence shall impede or divert the flow of water through any drainage way unless by adequate investigation and written approval from the Hillsborough County Public Works, it is shown that the fence will not adversely impact any surrounding property owner and will contribute to an improvement in the overall drainage pattern.

4.

Fences shall be constructed in a workmanlike manner and shall be of sound and sturdy construction. The finished side of the fence shall face outwards where visible from road rights-of-way, not including any such portion of the fence located in a required side yard or required rear yard.

a.

All posts and support beams shall be placed on the unfinished side of the fence. This does not preclude the installation of post columns with spanning members of metal, wood, or other materials; in which case, the posts are equal in presentation to both sides of the fence.

5.

All fencing erected prior to April 15, 1987, shall be granted non-conforming status.

B.

Regulations for Required Fences

Required fences shall be provided for buffering and screening purposes as provided elsewhere in this Code. Required walls may be permitted up to six feet in height (or eight feet as permitted in C.1.f., g., and h below) in front yards at the outer boundaries of the development or at the boundaries of distinct portions of the project (such as where multiple family adjoins single family or commercial adjoins residential development) provided that:

1.

No drive or street pierces the wall except at development entrance/exit streets; and

2.

The wall is shown on an approval PD general site plan or approval subdivision final plat.

C.

Regulations for Fences.

1.

Residential Districts and SB Districts.

a.

Fences over four feet in height shall not be allowed within the required front yards, except as indicated in f, g, and h below.

b.

For corner lots, fences up to six feet in height shall be allowed within one front yard, which functions as a side yard, provided the fence is located no more than ten feet into the required front yard, as measured from the rear line of the front yard. However, in districts requiring side yards greater than ten feet, this intrusion shall be increased up to a distance equal to said required side yard. This is illustrated in Figure 6.15 by Lot A. Lot A(1) abuts a curved street corner lot as defined by Article 7. Lot B(1) is an interior lot and no fence more than four feet in height shall be allowed in the front yard.

c.

For through lots, fences up to six feet in height shall be allowed within one front yard which functions as the rear yard of the lot. (Lot C in Figure 6.15.)

d.

In general, the design of fences shall be in keeping with neighborhood appearance. Fences may be constructed of commonly used materials such as chain link, masonry, wood or PVC.

e.

The following materials shall be prohibited in the construction of fences: house siding, scrap metal, second-hand materials not typically utilized for fences and other offensive materials. In addition, fences in any residential district shall not contain any substance such as broken glass, spikes, barbs, nails, electronically charged wiring or similar materials designed to inflict pain or injury to any person or animal. These restrictions shall not be varied.

f.

The maximum average height of any fence or wall shall be six feet, except as described in g, h and i below.

g.

Fences surrounding public utility structures within residential districts shall be exempt from the setback requirements and height requirements (up to a maximum of eight feet) and may use up to three strands of barded wire on security chain link fences provided that such barbed wire is a minimum of six feet above average grade.

h.

Walls, and combination walls and berms, up to eight feet in height, may be erected in yards which abut arterial streets or collector streets, as defined under the Hillsborough County Functional Classification System, provided that no access is provided to said arterial or collector and the fence is two and one half feet or less in height within the sight triangle described in 6.04.03 F. Column height shall be allowed as in j below.

i.

When a six-foot fence height is required for the purpose of screening, height shall be measured from the finished grade at the minimum required setback or buffer line (whichever is greater) of the property which is required to provide the fence. Notwithstanding, in no instance shall fence height exceed eight feet nor be less than six fee measured from the finished grade immediately contiguous to the fence.

j.

Columns and posts, including decorative caps and finials, may exceed permitted fence height by a maximum of one foot. Columns and posts which exceed permitted fence height shall be not more than three feet in width and shall be spaced at least six feet apart. Additionally, averaging of fence height may be allowed under special circumstances, such as with a fence located on a slope, at the discretion of Hillsborough County.

Figure 6.15, Permitted Fences in Residential Districts

2.

Agricultural Districts

a.

Fence regulations shall be the same as for residential districts except as provided in Paragraph 2, below. Additionally, on parcels with stables, bona fide agricultural operations as defined by this Code or phosphate mining, fences up to eight feet in height shall be allowed in any yard, although fences in required front yards shall not be more than 60 percent opaque above the height of four feet.

b.

Barbed wire fences and electrically charged fences may be allowed in Agricultural Districts subject to the requirements of applicable local, State and Federal laws and regulations.

3.

Commercial and Office Districts

In commercial and office districts, fence regulations for fences shall be the same as for residential districts except fences in the C-G or C-I districts. In these districts, fences shall conform to the requirements for fences in residential districts except that six-foot chain link security fences (with 30 percent or less opacity) shall be allowed within any yard.

4.

Industrial Districts.

a.

The maximum height of fences shall be eight feet.

b.

Within front yards, solid fences (i.e., fences with greater than 30 percent opacity) shall be restricted to a height of four feet.

c.

Barbed wire and electrically charged fences may be used if all requirements of all applicable local, Federal and State laws and regulations are met.

5.

Special Public Interest Districts and Planned Districts.

Fences within these districts shall conform to fence requirements for similar uses as provided above.

6.

Community Plan Districts and Scenic Roadways.

Fences within a community plan area with development standards shall comply with any specified fence requirements found in Article III for that community plan area. In addition, fences located along Scenic Roadways must also comply with the provisions of Section 6.06.03.I.

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-30, § 2, 11-15-01; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 07-25, § 2, 11-1-07, eff. 2-1-08; Ord. No. 09-53, Items D, H, 6-11-09, eff. 10-1-09)