HomeMy WebLinkAboutO-2017-027 Construction Fencing ORDINANCE NO. 2017-027
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 8, ENTITLED "BUILDINGS"
OF THE CITY CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
TO REQUIRE CERTAIN FENCE COVERINGS FOR COMMERCIAL
PROPERTIES UNDER CONSTRUCTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Building Code often requires construction fencing to secure
commercial construction sites; and
WHEREAS, the City Commission finds that the use of open chain link fencing
surrounding active and often cluttered construction sites creates visual distraction; and
WHEREAS, the City Commission finds that open chain link fencing along public rights-
of-way allows open viewing for the evaluation of resources on the site creating security issues;
and
WHEREAS, the City Commission finds that the visual distraction of open commercial
construction sites to drivers can create increased risks on adjacent roadways; and
WHEREAS, the City Commission finds that there is a significant benefit in directing
construction traffic into construction sites off adjacent roadways in a quick and efficient manner;
and
WHEREAS, the City Commission finds that creating a focal point at construction site
entry points along public rights-of-way makes it easier for construction traffic to locate the entry
point and quickly and more efficiently transition out of mainstream traffic; and
WHEREAS, the City Commission finds that for security purposes and the ease of
identification of pertinent information by contractors, inspectors and the public alike, providing
necessary contact information in a single uniform place is beneficial for all parties and the
general public; and
WHEREAS, the screening of commercial construction sites adjacent to public rights-of-
way with visually attractive, but opaque screening enhances the security of the site and
dramatically improves neighborhood aesthetics; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers is in the best interests of the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That Chapter 8, entitled "Buildings" of the City's Code of Ordinances is
amended by creating a new Section 8-7,to read as follows:
Chapter 8 -BUILDINGS
ARTICLE I. -IN GENERAL
Sec. 8-7.—Fencing requirements for commercial properties under construction.
Where commercial properties under construction are required to provide security
fencing_pursuant to the City Code or the Florida Building Code, the following
requirements shall be met, in addition to all requirements of the Florida Building
Code:
All construction site fencing shall be maintained in a satisfactory manner by
the permittee or landowner during the entire period of the construction to
ensure adequate performance, to prevent nuisance conditions, and to maintain
the public health, safety and welfare; and
Gates shall be secured and locked with a lock substantial enough to ensure
closure and security when workers are not on the job site; and
When the construction site has required construction fencing which is adjacent
to public right-of-way, the fence adjacent to said right-of-way shall have a
visual/dust barrier of canvas or mesh fence covering. Such screening shall
include:
a. Project renderings which shall cover up to the entire length of the fence
along the right-of-way, except as provided below, but shall not extend
above the required fence;
b. The canvas or mesh fence panel covering shall provide identification of
the name and intended use of the project, names of the project team
member companies such as the architect,_planner or Manager, lending
institution, and owner or agent, the telephone number for the owner or
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agent, and the name and emergency contact phone number of the general
contractor,
c. No part of the fence covering may contain advertising or sales
information;
d. Screen graphics can be permitted and installed after a permit application
for site construction has been submitted, but must be installed no later than
issuance of the permit for site construction;
e. All screening shall be maintained in good condition and taut throughout
the allotted permit time. The screening must be kept secure from any wind
action, free of rips and tears.
All wind screening and fence covering materials shall be removed upon the
issuance of a hurricane warning applicable to the City. Screening materials
shall be reinstalled not more than ten (10) days after the hurricane threat has
ended.
The fence and required coverings shall be installed no later than at the time of
issuance of a building_permit and shall be removed when a certificate of
occupancy is received.
Section 3. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or part of ordinances or all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
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PASSED on first reading on July 25, 2017.
PASSED AND ADOPTED on second reading on September 12, 2017.
ATTEST:
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LOUISE STILSON, CMC TAMARA JAME(�
CITY CLERK MAYOR
AT4.D 19�`
APPROVED AS TO FO AND CORRECTNESS:
THOMA ` . AN B
CITY ATTO Y
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