HomeMy WebLinkAboutOrdinance 98-53
ORDINANCE NO. 98-53
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
PROVIDING FOR TEMPORARY SALES STRUCTURE OR TRAILERS
WITH CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City, by Section 8.3 of the Charter, adopted the Code of Miami-Dade
County as its own set of City regulations; and
WHEREAS, the County requires an applicant to request a use variance each time a sales
trailer is to be erected on any site and the City would like to streamline this process and further
wishes to discourage the necessity of requiring use variances except in such circumstances where
they are required;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Director Approval. A building permit shall issue for temporary sales structure or
trailers upon approval of same by the Director of the Planning, Building and Zoning
who shall consider, among other things, the following:
a. If the building is to be permanent, it must be consistent with the South Florida
Building Code.
b. A bond be posted by the applicant in an amount that would be necessary if the
City were placed in the position of having to remove said temporary sales building
or trailer.
c. It shall be occupied at least five days a week and five hours a day.
Section 2.
Removal. Once the structure is in place the following shall govern its removal:
a. The temporary sales structure shall be removed prior to the issuance of the Final
Certificate of Occupancy or Certificate of Completion; however, in no instance shall
an Occupational License be issued until it is removed from the property.
b. The temporary structure or trailer shall be removed if a building permit for the
complete construction of the main building is not issued within one year from the
date the building permit for the sales structure or trailer was issued. The sales
structure or trailer shall be removed by the date the building permit expires. If the
development involves more than one building, it shall be consider a phased project
and the temporary sales structure or trailer may be permitted to remain on the
property in between phases provided however, it shall be removed in one year ifthe
building permit for the next phase is not issued, The one year period shall be
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measured from date of Certificate of Occupancy of the previous phase.
c. The director shall have the power to remove said structure as set forth above in the
event the applicant fails or refuses to comply.
Section 3. Effective Date. This Ordinance shall become effective immediately upon adoption
on second reading.
Section 10, Severability. The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
PASSED AND ADOPTED on first reading the 17th day of September, 1998.
PASSED AND ADOPTED on second reading this <6~ d
A T'fEST:
~~~~
_,Richard Brown-Morilla, City Clerk
..,
'APPRO~D AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5....0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
V (Yes)
~(Yes)
~(Yes)
~(Yes)
---.lL (Yes)
Moved by: ~~ ~
secondedbY:\J~{..Q.~c'T \~
(No)
_(No)
_(No)
_(No)
(No)
Temporary sales structure Ord,
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