FENCE STANDARDS FOR VACANT LOTS AND CONSTRUCTION SITES

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108, ENTITLED "PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC DISTRICTS," TO CREATE FENCING REQUIREMENTS FOR VACANT LOTS IN SINGLE FAMILY DISTRICTS; BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY YARD REGULATIONS," DIVISION 1, ENTITLED "GENERALLY," BY CREATING SECTION 142-876, ENTITLED "VACANT AND ABANDONED PROPERTIES AND CONSTRUCTION SITES," TO ESTABLISH MINIMUM FENCING STANDARDS AND REQUIREMENTS FOR VACANT AND ABANDONED PROPERTIES AND FOR CONSTRUCTION SITES IN ALL DISTRICTS; AND BY AMENDING DIVISION 4, ENTITLED "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1132, ENTITLED "ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS," TO AMEND THE FENCING REQUIREMENTS FOR VACANT LOTS AND ABANDONED PROPERTIES IN ALL DISTRICTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY

On April 10, 2019, at the request of Commissioner Joy Malakoff, the City Commission referred the subject discussion item to the Land Use and Development Committee (Item C4 X).  On May 22, 2019 the LUDC discussed the item and recommended that the City Commission refer the draft Ordinance to the Planning Board, with amended provisions for vacant single-family home lots.  On June 5, 2019, at the request of Commissioner Joy Malakoff, the City Commission referred the ordinance to the Planning Board (Item C4 T).

BACKGROUND

Fences, walls and gates are regulated in Section 142-1132 of the Land Development Regulations, as allowable encroachments within required yards. The following are the relevant Code sections pertaining to chain-link fences.

1. All districts except I-1 and WD-2:

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   d.         Chain link fences are prohibited in the required front yard, and any required yard facing a public right-of-way or waterway (except side yards facing on the terminus of a dead end street in single-family districts) except as provided in this section and in section 142-1134.

   e.         Chain link fences may be erected to surround vacant lots or vacant buildings to minimize the possibility of the property becoming a dumping area. Such fence shall be permitted on a temporary basis for a period not to exceed one year and subject to its removal prior to the issuance of a certificate of use or a certificate of occupancy for a main permitted use on the property. In the architectural district, such a fence shall be vinyl coated.

   f.          Barbed wire or materials of similar character shall be prohibited.

   g.         Vacant lots in the CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3, R-PS4, RM-PS1, and MXE districts must be secured against motor vehicle entry at all entry points by a chain, hedge, fence, or other such material approved by the planning and zoning director.

    

   The photos below depict typical chain-link fences around vacant lots in Miami Beach that were poorly constructed and/or are not properly maintained.

   

    

   

    

   Construction fences are also often poorly constructed, and not maintained. The dust screen wrapping is often punctured with openings to address wind resistance, and such sites may remain an eyesore for years, as seen in the image below.

    

   

    

   PLANNING ANALYSIS

   Currently, chain-link fences are generally prohibited, but are allowed within required interior side yards, as well as within required rear yards for non-waterfront lots in single family districts. Although they are also allowed to be installed to surround vacant lots for up to one year, there is no requirement that a vacant lot be fenced. In commercial and multifamily districts, the only requirement is that they be secured against motor vehicle entry.

    

   In single family districts, when a non-architecturally significant home is demolished, and a permit has not yet been issued for new construction, the site must be raised to sidewalk elevation, and sodded with drought tolerant sod. There is no requirement that the lot be fenced, but any proposed fencing must consist of aluminum picket type fencing along the entire perimeter.

    

   Vacant lots often become a dumping ground and requiring that such lots be secured to minimize dumping benefits the surrounding residents and maintains property values. The same can be said for abandoned sites, which includes properties with structures that are unfit for human habitation, as well as for building sites with abandoned or expired permits. Often such lots remain vacant for many years. In order to improve the appearance of vacant lots and abandoned properties, and prevent them from becoming a dumping ground, the attached ordinance has been drafted to address the securing and fencing of vacant lots and construction sites. The following is a summary of the proposed amendments that would require all vacant lots and construction sites be fenced and secured:

    

   Minimum fencing requirements in all districts (except single family districts):

   The following minimum fence requirements shall apply to all vacant lots, lots containing any structures with abandoned or expired permits (more than 30 days) that are unfit for human habitation, and lots containing buildings unfit for human habitation.

    

• Generally, a seven foot (7’) high fence will be required along all property lines, except those facing a waterway, in which case the height shall be five feet (5’). In the event an abutting property has an existing fence along an interior side and/or rear property line, and such fence provides adequate securing of the property, the Planning Director or designee may waive the requirement for a fence along such property lines. Within single family, townhome and all residential districts, the fence shall be setback four feet (4’) from front and side street property lines.

• Along the front, street side and any waterway portions of the property line, including all required front yards, side street yards and rear yards facing a street or waterway, an aluminum picket fence (or equivalent standard) with permanent quality construction shall be required. Along interior property lines, as well as rear property lines not facing a waterway or street, black or green vinyl coated chain-link fencing, of permanent quality construction, may be permitted, provided such fencing is not located within a required front yard, street side yard or rear yard facing a waterfront.

• All fences required herein shall be of permanent construction, including concrete foundations.

• Wherever there is a driveway approach entering the lot, vehicular access onto the site shall be required for maintenance, with a locked gate.

Construction fences in all districts:

Construction fences shall be required along all property lines to surround properties with active building permits and which are unfit for human habitation in accordance with the following requirements:

• In single family districts construction fences shall be a minimum height of six feet (6’) and maximum height of ten feet (10’) measured from the adjacent grade. In all other district’s construction fences shall be a minimum height of six feet (6’) and maximum height of twelve feet (12’), as measured from adjacent grade.

• In all districts, construction fences located along a front, side facing the street or waterfront property lines, shall consist of an opaque screening, which may include plywood, or aluminum panels, or the equivalent solid construction on a wood or metal frame.  The exterior face of such fencing shall at a minimum consist of a continuous color finish in single family districts. In all other districts, an artistic mural, which is integral to the fence construction, shall be required, subject to design review approval or a certificate of appropriateness, as applicable.

• All fences required herein shall be of permanent construction, including concrete foundations.

• A rolling or rigid folding gate shall be placed as an opening in the fence wherever there is a vehicular access for construction vehicles entering the site. The width of the gate shall not be larger in width than required for access of construction vehicles; however, the height may be increased as necessary to provide a rigid frame completely surrounding the vehicular access. The gate shall not be of the swinging type.

Below are some examples of attractive construction fences in Miami Beach:

The City Code authorizes the use of non-commercial, artistic graphics in conjunction with fencing, and some property owners effectively utilize this to market their property during construction.  The images below depict the very strict construction fencing requirements in Japan, with a 10-foot-tall, standard white uniform appearance with rigid, controlled folding panel gates for construction vehicle access.

PLANNING BOARD REVIEW

On July 23, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 4-1. The Planning Board also recommended that chain-link fences be permitted as an option for construction sites, subject to aesthetic and installation criteria. The change recommended by the Planning Board is included in the ordinance.

APPLICATION FEE WAIVER

The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

    

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

    

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.

SUMMARY

The attached ordinance includes the recommendation of the Land Use and Development Committee regarding vacant lots in single family districts, as well as the recommendation of the Planning Board regarding construction fences. In this regard, the fencing of vacant single family lots can be optional, if the lot is maintained.

The administration recommends that the City Commission:

1.     Approve the subject ordinance at first reading and set a second reading/public hearing for October 16, 2019.

2.     In accordance with section 118-162(c) of the City Code, waive the applicable application fees based upon the legislation implementing best practices in urban planning.