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HomeMy WebLinkAboutOrdinance 2005-220 ORDINANCE NO. 2005- ~ 'A. 0 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 construction 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 constmetioB fefleiBg. 8ubjeet to appro'/al by the City Manager, grapmes and painted ml:H'als may Be appliea to temporary eOBstmetioR fenemg ereetea at the perimeter of a eOflstmetioB site for the purposes of pmvidiBg llB aesthetie eMllBeemeBt of the sereeffiBg fenee. The graphies shall be of a noooommereial RaMe with limited spoflsorsmp iaemifieatioR, }.. speeial permit shall be ootaiBed from the City MllBager 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. a. Except on the east side of Collins Avenue, the following temporary construction fences are permitted in all the zoning districts; (1) wrought iron or blackened aluminum. (2) stucco and stone match main structure. (3) masonry walls. 02005- Amend 265-58 Temporary Construction Fencing3.DocPage I of 5 (4) wood pickets. (5) concrete wall (6) frame plywood panel +he&- b. A temporary construction fence (as defined herein) shall be installed on the front, side, and rear property lines. c. On the eastside of Collins Avenue, no other material shall be used to construct a temporary construction fence on the front, side and rear property lin~, except for the following: (1) masonry walls. (2) concrete walls. (3) frame plywood painted panel. (4) stucco and stone match main structure. d. Exceot that chain link fences with canvass (or similar material) backing or meshing may be permitted on the side and rear property line. provided they are neatly designed and maintained as approved by the Building and Zoning Departments. 3. Prohibited Fences. a. The following fences are not permitted except as otherwise provided herein; (1) chain link fences. (2) barbed wire fences. (3) fences made of canvas material. (4) any fences that fail to meet the requirement of the Florida Building Code. b. Chain link fences with canvass (or compatible similar material) f{Wade backing or meshing may be permitted to be utilized as a temporary construction fence for a period of no longer than 18 months in the R-1 and R-TH zones, provided they are neatly designed and maintained as approved by the Building and Zoning Departments. 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 on Collins Avenue, unless specifically waived by the City Commission. 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 02005- Amend 265-58 Temporary Construction Fencing3 .DocPage 2 of 5 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. 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 provided it shall be removed in accordance with the terms of the Florida Building Code. 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. 10. Temporary Construction Signs. Construction, erection, and maintenance of temporary construction SIgnS shall be governed by Section 265-57 (c) of the 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 Application. This ordinance shall be applied retroactively provided that property owner who has already erected a construction fence that does not comply with this 02005- Amend 265-58 Temporary Construction Fencing3.DocPage 3 of 5 ordinance shall have 90 days from the passage of this ordinance to so comply. Thereafter, failure to comply shall be deemed a code violation. Notwithstanding Section 7 hereinabove and in the limited instance where a site plan approval was granted prior to the adoption of this Ordinance, and the Applicant now proposes graphics or murals for the temporary construction fencing for those previously approved projects, such graphics or murals may be permitted and approved administratively, provided that Applicants must comply with all other terms of this Ordinance. Section 3. Reoealer. 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-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Severability. If any section, subsectiont 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 q4J.. day of .J;)~ 2004. PASSED and ADOPTED on Second Reading this l ~~ay o~~~ 2005. ~...,- .. ~' .~ . ,A::rtESt: .... . " . ~- C . I' i .1\:':, ~ . ~..'.~~~..~ "Jane A. Hines, City-Clerk . "l .~, ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ Lynn M. Dannheisser, City Attorney 02005- Amend 265-58 Temporary Construction Fencing3 .DocPage 4 of 5 VOTE AS FOLLOWS: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias 10 yes ~yes 10 yes ~yes l0'yes Moved by: ~~~ (9/Y)~~~ Second by: V\. (0 ~)V T ~ER L-J no L-J no L-J no L-J no L-J no 02005- Amend 265-58 Temporary Construction Fencing3.DocPage 5 of 5