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ORDINANCE NO. 2017- 41 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-34 OF THE CITY CODE TO ELIMINATE A CONFLICT BETWEEN BUILDING SETBACK REQUIREMENTS AND BUILDING TOWER SEPARATION REQUIREMENTS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of this Ordinance is to ensure consistency between the building setback requirements and building tower separation requirements; and WHEREAS, a conflict exists between the building setback requirements and the building tower separation requirements which requires correction in the RMF-2; and WHEREAS, the City Commission, acting as the City Local Planning Agency, pursuant to Section 57-2 of the City Code, reviewed and made recommendations regarding the proposed amendments to the City land development regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment to Section 265-34 of the City Code. Section 265-34 (D) (6) of the City Code is hereby amended to read as follows: § 265-34. D. Site development standards. (6) Building separation on separate parcels abutting Collins Avenue. When there are two towers located on different properties, a minimum separation of 50 feet shall be maintained between pedestals (50 feet of less in height) and a minimum separation of 4-00 50 feet shall be maintained between towers (above 50 feet in height). (a) When there are two or more towers on the same property, the building separation shall be a minimum of 50 feet between towers. (b) The maximum tower width shall be 200 feet. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Ordinance Amending Section 265-34 1 Words underlined are added,words stricken are deleted.