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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 ��. P''1`--�` \ 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