City of Maitland

Decision Item

Ordinance - Modification of Chapter 21 of the Code (Nonconforming Fences & Walls)


Department:Community DevelopmentSponsors:
Category:Public Hearing


  1. Ordinance - Chapter 21-5. Nonconforming and Fences (This file has not yet been converted to a viewable format)

Financial Impact


Meeting History

Aug 28, 2017 6:30 PM Media City Council Regular Meeting
draft Draft

The City Clerk read by title, an ordinance of the City of Maitland, Florida, amending the Code of Ordinances, Chapter 21-5., Supplemental District Regulations, (I)(d) nonconforming structures and (III)(a) fences, walls and hedges to allow pre-existing fences in areas annexed by the City to be repaired or replaced subject to conditions; providing for conflicts; providing for severability; providing an effective date.

Mr. Dan Matthys, Community Development Director, stated the proposed ordinance modifies Section 21-5(I)(d) - Nonconforming structures to provide relief to property owners, desiring to repair or replace pre-existing, deteriorating fences, in areas annexed by the City. Staff is recommending an ordinance change to eliminate the burden of property owners seeking variances for the repair or replacement of such. On August 17, 2017, the Development Review Committee (DRC) met and the Planning and Zoning Commission (P&Z) held a public hearing. DRC recommended approval of the ordinance while the P&Z voted to forward the proposed ordinance to City Council with a recommendation of denial.

Councilman Lowndes spoke and provided sketches (attached hereto and made part hereof) illustrating an example of someone, in Dommerich Hills, wishing to put a pool in their yard and the impact of removing and replacing the fence under the existing ordinance. Mr. Matthys, the City Attorney, and the City Manager answered questions posed by Council.

Mayor McDonald requested public comments. Mrs. Kate Howell, Dommerich Estates, spoke in favor of the ordinance. There being no one else who wished to be heard, Mayor McDonald closed the public comment period.

After discussion, a motion was made to introduce on first reading an ordinance modifying Section 21-5 of the Maitland City Code regarding nonconforming structures as related to fences and walls; and, set the Public Hearing date as September 11, 2017.

MOVER:Bev Reponen, Councilwoman
SECONDER:John P. Lowndes, Councilman
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas