HomeMy WebLinkAboutO-2018-019 Amending Section 8-7 Construction Fencing ORDINANCE NO. 2018-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 8, ENTITLED "BUILDINGS,"
ARTICLE I "IN GENERAL," SECTION 8-7 "FENCING REQUIREMENTS
FOR COMMERCIAL PROPERTIES UNDER CONSTRUCTION";
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, commercial properties under construction are required to provide security
fencing pursuant to the City Code of Ordinances (the "City Code") and the Florida Building
Code; and
WHEREAS, security fencing during construction will help prevent nuisance conditions
and ensure a safe environment in case of emergencies; and
WHEREAS, the City Commission finds it necessary to set forth the conditions under
which construction security fencing may be placed on private property and to provide minimum
standards as to how they are installed and maintained; and
WHEREAS, City staff recommends approval of the proposed changes; and
WHEREAS, two (2) public hearings were held before the City Commission in
accordance with Florida Statutes; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare 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 preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 8, "Buildings," Article I "In General," Section 8-7 "Fencing
requirements for commercial properties under construction" of the City Code of Ordinances is
amended to read as follows:
Chapter 13—Buildings
ARTICLE 1. — 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:
(1) 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
(2) 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
(3) When the construction site has required construction fencing which is adjacent to any
public right-of-way, the fence adjacent to said the right-of-way shall have a visual and
dust barrier or screening of canvas or mesh fence covering. Such sereening barrier or
screen shall include:
a. Project renderings and other information which shall cover up- e at least seventy-
five percent (75%) of the entire length of the fence along the right-of-way of an
arterial roadway or state roadway and at least twenty-fivepercent(25%) alonglocal
ocal
roadways, except as provided below, but shall not extend above the top of the
required fence;
b. The canvas or mesh fence panel covering shall provide identification of the name
and intended use of the project, names ofthe r eet team member- , ,-',
as thxrehiteet, plapicner- or- manag , project rendering„ project
website address, and owner or agent, the telephone number for the owner or agent,
and the name and an emergency contact telephone number of the general
contractor. Optional information map include the names of the developer, architect,
engineer, lending institution and general contractor;
2 ORDINANCE#2018-019
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 shall be maintained in a
taut condition throughout the allotted permit time. The barrier or screening must be
kept secure from any wind aetio damage, free of rips_,and tears and discoloration:;
f. The City logo may be included in the barrier or screening graphics as approved by
the City Commission.
(4) All wind barrier or screening and fence covering materials shall be removed upon the
issuance of a hurricane warning applicable to the city. A barrier or-9screening materials
shall be reinstalled not more than ten (10) days after the hurricane threat has ended.
(5) 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 parts of ordinances and 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 take effect immediately upon City Commission
adoption.
PASSED on first reading on August 28, 2018.
PASSED AND ADOPTED on second reading on September 25, 2018.
ATTEST:
=�
THOMAS SCHNEIDER, CMC TAMARA JA
CITY CLERK ��. �4d` MAYOR
q�IISH�O�
'
APPROD AlVOORM AND CO
THOM S J. NS R
CITY ATTOL EY
3 ORDINANCE#2018-019