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Home My WebLink AboutOrdinance 2019-546 ORDINANCE NO. 2019- Sip, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-45 OF THE CODE OF ORDINANCES OF SUNNY ISLES BEACH TO MODIFY THE CLEARANCE AND ALLOWABLE LOCATION FOR AWNINGS AND CANOPIES AS ACCESSORY USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach Code of Ordinance defines canopies and awnings as accessory uses, and it permits these structures with certain restrictions; and WHEREAS, Section 265-45 (B) does not address awnings or canopies to cover areas to be used by commercial properties as seating areas; and WHEREAS, Section 265-45 (B) (2) specifies the maximum height allowed for the overall canopy structure, which is in conflict with the minimum height clearance of the Florida Building Code; and WHEREAS, the City Commission hereby finds this Ordinance necessary to clarify the requirements and allowances for awnings and canopies as accessory uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON 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 hereby made a specific part by this Ordinance upon adoption hereof Section 2. Amendment of Section 265-45. Section 265-45 of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended as follows: § 265-45. - Accessory uses. A. General. No accessory uses shall be permitted in a required yard or buffer yard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the prior written approval of the appropriate utilities, and the concurrence of the City. B. Awnings and canopies. The definition of an awning or canopy shall be as provided for in the South Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code. Ordinance amending Awnings and Canopies 2019 Page 1 of 3 (1) Awnings. An awning may be located at any window, walkway, or seating area provided it is architecturally integrated into the building's, design and color. The maximum minimum clearance height and width of an awning shall be limited to the minimum area required to cover a building's window, walkway, or seating area. Awnings shall not be illuminated. (2) Canopies. A canopy may be located over any walkway, seating area, or any other pedestrian area which is adjacent to a building or over a building's entrance. The maximum minimum clearance height of the ell canopy structure shall be eight (8) feet. The maximum width of a canopy shall be limited to the width of the sidewalk, Of entryway, or seating area that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy. Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED on First Reading the e day of October 2019. PASSED AND ADOPTED on Second Reading day of October 2019. �' - '` * George Scholl, Mayor ATT.',S t , , I 1 'Alf it ' r •:"Maur cio :eta cur CMC, City Clerk alit.. , . Ordinance amending Awnings and Canopies 2019 Page 2 of 3 1 APPROVED AS TO FORM AND LEGAL SUFFI . NCY fet,4),46t.a. N Edward A. Dion, City Attorney First Reading /' Second Reading Motion: COVVIffikSSI 0M-fa- 0i.billIJAdMotion: t is V14O e S Y`Wj/ Second: "ICE #1466- Slie ektit4 Second: CO 5C""`i"' i IC UV Vote on First Reading: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin I (Yes) (No) Commissioner Goldman 1 (Yes) (No) Commissioner Lama /(Yes) (No) Commissioner Viscarra /(Yes) (No) Vote on Second Reading: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin /(Yes) (No) Commissioner Goldman I(Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra V (Yes) (No) Ordinance amending Awnings and Canopies 2019 Page 3 of 3 II , • . . Q City of Sunny isles Beach ...,) 2,4 f-71,:',4720. 7 18070 Collins Avenue L.-e::..1.-.'-4,,N 21 • i A:.i.:..i v3),1 Sunny Isles Beach, Florida 33160 • . . •• - .o...:;:,7, • ..v`-!"*.'•Vai4/i - .' . . - . _ - ;\,:-.-.,!:. ..,_,--0,;. ,. - , • ..-,, • :- . . •• . .(M)p47-0606 city Hall ':'1* ..(306)9.49-3113 Fax • • . . 'MEMORANDUM • . : TP.:. , The Honorpble Mayor 6nd City Commission . . , , . VIA: Christopher J. Russo, City Manager " FROM! . Claudia C: HaSbun, Plahning and Zoning Director _ . DATE: . 10/17/2019 . , , OrdinahteArrieriding'Sectioh'265-45 relating to ArvhingSc''. RE: and Canopies i- ....,) RECOMMENDATION: , • ,;f:, .-•,.,-.:.,. . - . . , . :::4 . ... ••••le „..2., .._.,t, •:: ., . : . -, .. : . • . !.. .: - This Ordinance is pteeht4dfor',,ioi_ir consideration. :. ' REASONS: ' ' v .. • . : ,• .., •v. The City Code Section 265-45 covers canopies and awnings - ' : •• regulations, however, the existing regulations are in conflict with the • 'I* • Florid Building Code regdations.SpebifiCally:with the Maximum•hei6ht _, • ' '," . „ . . . , • . b . allowances. In addition, the code"SeCtiordidnot'address"canopies.6fid , awnings over seating areas and other pedestrian areas. This ordinance removes the conflict with the Florida Building Code and address where , these amenities can be installed. ,:. • .. '• ::' . . • I - ATTACHMENTS: '.••, ' •: i . . I Description Oi'dihande • : • ' • . ... ' -- — : . . . . . . . . - '' iterii.NUmber: 9.D. . • - • . : . , , : . 0 , 131