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<br />ORDINANCE NO. 2003- fl..l <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AMENDING SECTION 703.8.4 (m) OF THE LAND <br />DEVELOPMENT REGULATIONS ADOPI'ED BY ORDINANCE <br />2002..165 ENTITLED "PARKING GARAGE I ROOFfOP OPEN <br />SPACE" TO PROVIDE THAT PARKING STRUCTURES THAT <br />FALL WITHIN THE VE ZONE ON LOTS WITH 100 FEET OF <br />FRONTAGE OR LESS, ARE EXEMPT FROM MINIMUM SIDE <br />SETBACKS AND DO NOT COUNT AGAINST FLOOR AREA <br />RATIO; PROVIDING FOR A REPEALER; PROVIDING FOR <br />SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City of Sunny Isles Beach, by Ordinance 2002-165 adopted its <br />Land Development Regulations ("LDRs"); and <br /> <br />WHEREAS, section 703.8.4 (m) as drafted did not reflect the intent ofthe sponsor of <br />this section and conflicts with other sections of the LDRs and the City Commission now wishes to <br />correct this language; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />1. Amendment. Section 703.8.4 (m) shall be amended to read: <br /> <br />(m) Parking Garage I Rooftop Open Space: The roof of every parking <br />garage shall be landscaped or improved for active or passive recreational <br />and open space use in accordance with design standards of Chapter 1001, <br />Landscaping Requirements, A maximum of 5% percent of the total <br />required on site-parking Spaces will be permitted to be located on open <br />rooftops provided such parking shall be screened from upper level views <br />through the use of canopies or landscaped trellis structures. For parking <br />structures which fall within a VE zone on lots with 100 feet of frontage <br />or less; said garage structure, including all facilities contained therein, <br />shall not be counted against either the permitted floor area ratio or be <br />subject to minimum side setback restrictions, provided that the garage <br />portion which exceeds 20 feet above grade is located behind the building <br />front setback, or, is located within the footprint of the principal building. <br /> <br />2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same <br />are hereby repealed. <br /> <br />3. Severability. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be <br />affected by such invalidity. <br /> <br />Exhibit" A " <br /> <br />Amendment to LDRS-- VE Zone <br />