HomeMy WebLinkAboutOrdinance 2004-211
ORDINANCE NO. 2004- ~ 1 \
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-58 (I) OF
THE LAND DEVELOPMENT REGULATIONS
RELATING TO TEMPORARY CONSTRUCTION
FENCING; ESTABLISHING GENERAL STANDARDS
FOR THE INSTALLATION OF TEMPORARY
CONSTRUCTION FENCES; PROHIBITING CERTAIN
FENCES; MAKING THIS ORDINANCE RETROACTIVE
90 DAYS AND ALLOWING COMPLIANCE; PROVIDING
FOR A REPEALER; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to protect the health, safety and welfare of its
residents by regulating temporary constfllction fences; and
WHEREAS, the City Commission wishes to establish uniformed criteria for the
installation of temporary construction fences.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
General Requirements.
Temporary construotion fencing. Subject to approval by the City Manager, grapmcs and
painted murals may be applied to temporary construction fencing erected at the perimeter
of a construction site for the purpose& of proyiding an aesthetic enhancement of the
screening fence. The graphics shall be of a noncommercial l'latl:lre '.'/ith limited
sponsorship identification. .^.. special permit shall be obtained from the City Manager as a
temporary sign permit.
1. Temporary construction fencing.
No person or entity shall install or construct a temporary construction fence in this
City without first obtaining a permit from the City's building department. Each
fence constructed or maintained shall be so constructed and anchored in
accordance with the Florida Building Code.
2. Permitted Fences.
Except on the east side of Collins Avenue, the following temporary construction
fences are permitted in all the zoning districts;
(a) wrought iron or blackened aluminum.
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(b) stucco and stone match main structure.
(c) masonry walls.
(d) wood pickets.
(e) concrete wall
(f) frame plywood panel
The temporary construction fence shall be installed on the front, side, and rear
property lines.
On the eastside of Collins A venue, no other material shall be used to construct a
temporary construction fence on the front property line, except for the following:
(a) masonry walls.
(b) concrete walls.
(c) frame plywood panel.
(d) stucco and stone match main structure.
3. Prohibited Fences.
The following fences are not permitted;
(a) chain link fences.
(b) barbed wire fences.
(c) fences made of canvas material.
(d) any fences that fail to meet the requirement of the Florida
Building Code.
4. Maximum and Minimum Height.
A fence is permitted a maximum height of twelve (12) feet and a minimum height
of six (6) feet.
5. Setbacks.
A temporary fence installed on the front of the property shall be situated six (6)
feet from the property line. The setback area between the temporary fence and the
property line shall contain a continuous extensively landscaped buffer which must
be maintained in good healthy condition by the property owner. No temporary
construction permit shall be issued unless a landscape plan is approved by the
City for the buffer. Failure to maintain the landscaping will result in the City
taking action to replace same and lien the property for the costs of landscaping.
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6. Expiration of Permit.
A temporary construction fence permit issued under this ordinance shall expire
upon the issuance of certificate of occupancy. The temporary fence shall remain
on the property until the completion of construction.
7. Murals and Graphics.
Graphics and murals on temporary construction fencing are prohibited unless
approved by the City Commission at site plan review pursuant to Section 265-18
of the LDR. The City Commission, in their discretion, may permit graphics and
painted murals on temporary construction fences for aesthetic enhancement of the
fence, and advertisement of the project to be constructed at site plan review. A
minor change as defined by the Land Development Regulations (LDRs) approved
administratively by the City Manager without notice to the Commission.:.
8. Fees.
The City Manager or designee may impose fees as they may determine
appropriate for the use of construction fences for advertisement purposes in
accordance with Ordinance No. 2002-153.
9. Access Gates.
All temporary construction fences shall contain access gates with a minimum
clear opening width of 12' -0". Access gates must be provided at the front and rear
of the enclosure. Gates must be kept unlocked during inspection hours.
1 O. Temporary Construction Signs.
Construction, erection, and maintenance of temporary construction signs shall be
governed by Section 265-57 (c) ofthe Land Development Regulations.
11. Appeal.
Any decision made by the City Manager or designee regarding graphics,
advertisement, and murals on temporary construction fence may be appealed to
the City Commission.
Section 2. Retroactive ApplicatioIl. This ordinance shall be applied retroactively
provided that property owner who has already erected a construction fence that does not
comply with this ordinance shall haye 90 days from the passage of this ordinance to so
comply. Thereafter. failure to comply shall be deemed a code violation.
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Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be,
and the same, are hereby repealed
Section 4. Inclusion In The Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Sunny Isles Beach Code; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Severability. If any section, subsection, clause or proVISIon of this
Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder shall not be affected by such invalidity.
Section 6. Effective Date. This Ordinance shall take effect ten (10) days after
adoption at second reading.
PASSED and ADOPTED on First Reading the ~ day of ~
2004.
PASSED and ADOPTED on Second Reading this,;ld~ay of ~~
- ,
2004.
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".' ,ane',A. Hi\nes, Ctty:Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ynn M. Dannheisser, City Attorney
Moved by: C.t)t^~~ 1lli1i~
Second by: v..'(J rY\~{\vGl)O~
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VOTE AS FOLLOWS:
Mayor Ede1cup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
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