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ORDINANCE 2025 - & & <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AMENDING CHAPTER 265, ARTICLE II OF THE CODE OF ORDINANCES <br />OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS AND RULES OF <br />CONSTRUCTION," AND AMENDING ARTICLE VII, ENTITLED "ZONING DISTRICTS," <br />TO PERMIT AND DEFINE CERTAIN SETBACK ENCROACHMENTS IN THE R-1 AND <br />R-TH ZONING DISTRICTS, TO CLARIFY RESIDENTIAL FENCING REGULATIONS, TO <br />CLARIFY POOL SAFETY BARRIER HEIGHT REQUIREMENTS, AND TO REVISE <br />SETBACK REQUIREMENTS FOR UTILITY/MECHANICAL EQUIPMENT; PROVIDING <br />FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. <br />WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority <br />to adopt- regulations designed to promote the public health, safety, and general welfare of its <br />citizenry; and <br />WHEREAS, the City's Land Development Regulations ("LDRs") include definitions and <br />zoning development standards that regulate residential setback encroachments, fencing, pool <br />safety barriers, and utility/mechanical equipment placement; and <br />WHEREAS, the City Commission has identified the need to add definitions in Section 265- <br />5 of the LDRs for common residential site and structural elements such as decks, terraces, and <br />walkways, that may encroach into residential setbacks ; and <br />WHEREAS, the City Commission wishes to amend Article VII of Chapter 265 to permit <br />certain setback encroachments in the R-1 Single -Family Residential and R-TH Moderate Density <br />Townhouse Residential zoning districts; and <br />WHEREAS, the City Commission finds it necessary to update and clarify the residential <br />fencing and pool safety barrier regulations in Section 265-45 to ensure consistency; improve <br />aesthetic quality, and maintain visibility and safety along front yards and public rights-of-way; <br />and <br />WHEREAS, the City Commission also wishes to revise and clarify the setback requirements <br />for utility and mechanical equipment to ensure safe placement, minimize visual impacts, and <br />maintain compatibility with adjacent properties; <br />WHEREAS, the City Commission finds this Ordinance is consistent with the <br />Comprehensive Plan and will promote orderly development, improve clarity in the Land <br />Development Regulations, and protect the public health, safety, and welfare; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Page 1 of 9 <br />35 <br />