§ 58.930. Security fences.

A "security fence" is a fence or wall with a special defensive feature designed primarily to protect property from theft, vandalism, trespass, or other criminal activity. Barbed-wire and electrified fences are security fences for purposes of this part. A chain-link fence, by itself, is not a "security fence" for the purposes of this section, but is a "security fence" when combined with barbed wire or other special defensive features. "Special defensive features" include any less-than-lethal security feature such as, without limitation, broken glass, spikes, nails, barbs, or similar material designed to inflict pain or injury to any person or animal.

Security fences in general. Security fences are prohibited in all underlying zoning districts except as otherwise provided in this section. Security fences incorporating broken glass or razor-wire are prohibited throughout the City except for jails and prisons. Security fences of all types are permitted in the air operations area of an airport.

Industrial and Certain High Intensity Airport Support District Uses. Security fences are permitted in all industrial zoning districts and for industrial uses within the High Intensity Airport Support District. They are also permitted in planned development districts with an industrial underlying zoning district and for industrial uses within planned development districts with an underlying High Intensity Airport Support District.

Public Use District and Certain Medium Intensity Airport Support District Uses. Security fences may be permitted by special exception in the Public Use District and for industrial uses in the Medium Intensity Airport Support District. For purposes of this part, applications for a special exception shall be reviewed and approved, approved with conditions, or denied, by zoning official letter of determination. In reviewing an application for special exception, the zoning official shall apply the standards of review provided for review of conditional use permits as provided at section 65.285 of this code. If the zoning official approves the request for a special exception, he or she may impose one or more of the conditions of development provided by section 65.284 of this code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the security fence. Violations of development conditions constitute a violation of this section.

Nonconforming industrial uses. Security fences are permitted for legally existing but nonconforming industrial uses. The purpose of this part is to allow security fences for industrial uses that were established legally but have become a nonconforming use by virtue of a subsequent zoning map or zoning text amendment.

Special regulations for electrified fences. Notwithstanding anything in this code to the contrary, electrified fences are subject to the following special regulations:

(a)

Electrified fences are prohibited within 50 feet of a school, a residential zoning district, or a planned development district with underlying residential zoning unless approved by special exception. For purposes of this part, applications for a special exception shall be reviewed and approved, approved with conditions, or denied, by zoning official letter of determination. The official letter of determination is then subject to review and recommendation by the Municipal Planning Board and final action by Council. In reviewing an application for special exception, the zoning official, the Municipal Planning Board, and Council shall apply the standards of review provided for review of conditional use permits as provided at section 65.285 of this code. If the request for a special exception is approved, the Council may impose one or more of the conditions of development provided by section 65.284 of this code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the security fence. Violations of development conditions constitute a violation of this section.

(b)

Electrified fences are prohibited between 51 feet and 150 feet of a school, a residential zoning district, or a planned development district with underlying residential zoning unless approved by special exception. For purposes of this part, applications for a special exception shall be reviewed and approved, approved with conditions, or denied, by zoning official letter of determination. In reviewing an application for special exception, the zoning official shall apply the standards of review provided for review of conditional use permits as provided at section 65.285 of this code. If the zoning official approves the request for a special exception, he or she may impose one or more of the conditions of development provided by section 65.284 of this code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the security fence. Violations of development conditions constitute a violation of this section.

(c)

Electrified fences are prohibited within 50 feet of the right-of-way of Narcoossee Road and Orange Blossom Trail unless approved by special exception. For purposes of this part, applications for a special exception shall be reviewed and approved, approved with conditions, or denied, by zoning official letter of determination. In reviewing an application for special exception, the zoning official shall apply the standards of review provided for review of conditional use permits as provided at section 65.285 of this code. If the zoning official approves the request for a special exception, he or she may impose one or more of the conditions of development provided by section 65.284 of this code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the security fence. Violations of development conditions constitute a violation of this section.

(d)

Electrified fences are prohibited in the Parramore Heritage zoning overlay district without regard for the underlying zoning district.

(e)

For sites with a front or street-side yard adjacent to a roadway segment identified in the City's Major Thoroughfare Plan, electrified fences are prohibited between the facade (and a line running perpendicular from the end of the facade to the property line) of the principal structure and the respective adjacent Major Thoroughfare unless approved by special exception. For purposes of this part, applications for a special exception shall be reviewed and approved, approved with conditions, or denied, by zoning official letter of determination. The official letter of determination is then subject to review and recommendation by the Municipal Planning Board and final action by Council. In reviewing an application for special exception, the zoning official, the Municipal Planning Board, and Council shall apply the standards of review provided for review of conditional use permits as provided at section 65.285 of this code. If the request for a special exception is approved, the Council may impose one or more of the conditions of development provided by section 65.284 of this code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the security fence. Violations of development conditions constitute a violation of this section.

(f)

Nothing in this part shall be interpreted as exempting an electrified fence from any other applicable local, state, or federal regulation.

(g)

The primary power source of the electric charge delivered to the electrified fence must be a 12-volt battery.

(h)

All electrified fences must be completely surrounded by a non-electrified fence. The surrounding non-electrified fence must be 2 feet shorter than the electrified fence and must be made of a material that effectively prevents passersby from inadvertently coming into contact with the electrified fence. The surrounding non-electrified fence must be separated from the electrified fence by at least 3 inches, except at gates where the separation may be less than 3 inches, and except where the minimum 3-inch separation is inadequate to prevent the surrounding non-electrified fence from sagging, bowing, or bending into contact with the electrified fence. In this case, where the surrounding non-electrified fence is a chain-linked fence or other similar construction, and where such a fence is capable, based on the characteristics of its construction, of sagging, bowing, or bending into contact with the electrified fence, the permitting official may require separation of greater than 3 inches to the extent necessary to prevent inadvertent contact between the surrounding fence and the electrified fence. Property owners with an electrified fence must maintain the surrounding fence and the electrified fence in a manner that prevents sagging, bowing, or bending of the surrounding fence that could result in contact with the electrified fence. The purpose of this part is to protect innocent passersby and children from inadvertently coming into contact with the electrified fence.

(i)

Electrified fences may not exceed 8 feet in height, but the zoning official may approve a modification of this standard in accordance with Part 2F, Chapter 65, of this code.

(j)

Electrified fences must be posted with warning signs. The warning signs must be at least 8.5" by 11" in size and posted at least every 60 lineal feet along the perimeter of the fence. The signs must be posted between 3 feet and 6 feet above the ground and face outward and inward from the site. Each sign must display, in clear, legible typeface, the words "DANGER ELECTRIFIED FENCE" or "WARNING ELECTRIC FENCE," or a functionally similar warning approved by the zoning official. Signs must be printed in English and Spanish.

(k)

Electrified fence systems must provide and maintain an onsite emergency de-activation device accessible to public first responders. The system must be approved by the fire chief and the police chief.

(l)

Barbed-wire is prohibited on electrified fences and on non-electrified fences surrounding electrified fences.

(m)

Electrified fences are prohibited at schools.

(Ord. of 9-16-1991, Doc. #25094; Ord. No. 2015-12, § 1, 4-6-2015, Doc. #1504061201)

Editor's note

Ord. No. 2015-12, § 1, adopted Apr. 6, 2015, Doc. #1504061201, changed the title of § 58.930 from "Barbed Wire and Similar Material" to read as set out.