HomeMy WebLinkAboutOrdinance 2023-605ORDINANCE NO. 2023 - bb5-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 265-5, "DEFINITIONS," OF THE LAND
DEVELOPMENT CODE TO REVISE THE DEFINITION OF THE TERM "WATERFRONT";
PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 265-5 of the adopted Land Development Code (the "Code") of the City
of Sunny Isles Beach ("City") contains definitions of terms contained in the Code; and
WHEREAS, the term "waterfront" contained in Sec. 265-5 of the Code is not fully
articulated to define the circumstances that would create "waterfront" conditions; and
WHEREAS, it is the desire of the City Commission of the City to clearly define the term
"waterfront" so that there is no ambiguity as to what constitutes "waterfront" conditions; and
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance revising the definition of "waterfront" is in the best interest of the City; and
WHEREAS, on May 18, 2023, the City's Land Planning Agency, held its hearing on this
proposed Ordinance with due public notice and input and recommended adoption of the
Ordinance; and
WHEREAS, on May 18, 2023, the City Commission held a first reading and public hearing
of this proposed Ordinance; and
WHEREAS, on June 15, 2023, the City Commission held a second reading and public
reading of this proposed Ordinance with due public notice and input.
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 of this Ordinance
upon adoption hereof.
Section 2. Amendment to Sec. 265-5. – Definitions. Section 265-5 is hereby amended as
follows:
**********
WATERFRONT — Any site lot that is a lot of record as of the date of this ordinance shall be
considered a -s a waterfront demises lot provided it has at least 75% of one lot line at the time
the lot became of record, any eF all of its lot lines that abuts erg of and aye is contiguous to any
body of water, including creek, canal, bay, ocean, river or any other body of water, natural or
@BCL@5C08CE73.docx Page 1 of 3 190
artificial, whether said lot line is front, rear or side. The term waterfront shall not includei-Rg a
swimming pool, stormwater management area, or decorative water feature. The benefits, if
any, inuring to a waterfront lot are not transferrable.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 4. 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 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 Code of
Ordinances of the City of Sunny Isles Beach; 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, as required.
Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
on second reading.
ATTEST:
A
Mauri
PASSED AND ADOPTED on first reading this
2023.
PASSED AND ADOPTED on second reading t is ' of June 2023.
Lari a Svechin, ayor
APPROVED AS TO FORM
ncur,JCMC, City Clerk
First Reading
Motion: s
AND LEGAL SUFFICIENCY:
Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Readi
Motion: 69Q6s1191trepl
Nwmow , mil
@BCL@5C08CE73.docx Page 2 of 3 191
Vote on First Reading:
Mayor Svechin — TZ?-WSlQ-->
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
Vote on Second Reading:
Mayor Svechin .�-.�}5t�s��
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
No) -
(No) -
Yes)
Yes
(No)
7(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
@BCL@5CO8CE73.docx Page 3 of 3 192
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\ t .F L 4
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Amy Canales, Planning & Zoning Director
June 15, 2023
Amendment to Land Development Code Sec. 265-5, "Definitions" to revisE
the definition of the term "Waterfront"
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
Section 265-5 of the adopted Land Development Code of the City contains definitions for the term!
that are used throughout the Code. The term "waterfront" contained in Sec. 265-5 of the Code is not
fully articulated to define the circumstances that would create "waterfront" conditions. This ordinance
proposes a revised definition of "waterfront" that would eliminate ambiguity.
The proposed definition for "waterfront" is, "Any lot that is a lot of record as of the date of this
ordinance shall be considered a waterfront lot provided it has at least 75% of one lot line at the time
the lot became of record, that abuts and is contiguous to any body of water, including creek, canal,
bay, ocean, river or any other body of water, natural or artificial, whether said lot line is front, rear or
side. The term waterfront shall not include a swimming pool, stormwater management area, or
decorative water feature. The benefits, if any, inuring to a waterfront lot are not transferrable."
ATTACHMENTS:
Ordinance
Item Number: 9.A
189