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HomeMy WebLinkAboutOrdinance 2000-97 ORDINANCE NO. 2000-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-200 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO AMEND SECTION (3) PROHIBITING THE KEEPING, BREEDING, RAISING OR MAINTAINING OF POULTRY OR ANY FOWL OTHER THAN CUSTOMARY PETS; PROVIDING FOR SPECIFIC PROHIBITIONS ON FEEDING OF STRAY OR WILD ANIMALS; PROVIDING FOR SPECIFIC PROHIBITIONS ON ILLEGAL SUBDIVISION AND RENTAL OF RESIDENTIAL PROPERTY; PROVIDING FOR RIGHT OF INSPECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has adopted the Miami-Dade County Zoning Code as provided for in section 8.3 of the City charter, and; WHEREAS, although the current Zoning Code, as adopted, provides for some specific prohibitions regarding the uses allowed in single family zoning districts, additional prohibitions are required to help preserve the character of these zoning districts; NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section1-1. Section 33-200 entitled "Same-Prohibited" is hereby amended as follows: The following uses shall be prohibited in any RU-l District, Single Family Residential District: (1) Beehives or the breeding or raising of any insects, reptiles or animals other than customary pets. (2) The keeping, breeding, or maintaining of horses, cattle or goats. (3) The raisiflg of poultry or fowl keeping. breeding. raising or maintaining of poultry or any fowl other than customary pets. (4) The keeping or maintaining of any such customary pet(s) in any manner that causes offensive odors. the presence of excessive defecate. the production of excessive or unreasonable noises. the destruction of public property. or that impairs or denies the quiet use and enioyment of surrounding properties. Additionally. that no such customary pet in any way shall become a public nuisance as now or hereafter defined as such within article five (5) of the City Code of Ordinances as adopted. (5) The feeding of any animal in such a manner that causes the attraction of stray and/or wild animals and impairs or denies the quiet use and enjoyment of surrounding properties. Ord. 2000-97 1 (6) The use as an illegal subdivision / multifamily residence / rental. A) The word "subdivision" as used herein shall mean the following: 1,. The division of a one family dwelling so that all living rooms are not freely accessible to each other from within the building: and in which the use and management of all sleeping quarters. all appliances for sanitation. cooking. ventilating. heating or lighting are not designed for the use of one family. B) When determining if a property has been illegally subdivided the code enforcement officer may consider the following: 1. The public records including property tax records. zoning records. and building plans. 2. The number and configuration of kitchens. 3. The number of entrances to the property and configuration of said entrances. 4. Locked. blocked. or removed doors and/or hallways constructed or designed so as to prevent free access of all living rooms to each other. thereby promoting the use of one or more living rooms as an individual unit. 5. The number of utility meters. 6. The number of mailboxes. 7. The number of addresses and/or any lettering or numbering indicating or differentiating units. 8. Advertisements for units for rent. 9. Rental receipts. 10. Witness testimony. 11. Any other appurtenances conducive to promoting the use of one or more living rooms as an individual unit. Section 1-2. Inspection. For the purpose of enforcing the provisions of this code; officials, inspectors, and enforcement officers shall have the right of inspection provided that said inspection shall be reasonable and scheduled at the convenience of the alleged violator. The office of the City Attorney is hereby authorized to seek inspection warrants as necessary. Section 1-3. Severability. Provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional, shall decision shall not affect the validity of the remaining section, 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. Ord. 2000-97 2 Section 1-4. Inclusion in Code. It is the intention of this Commission and is hereby ordained that the provisions of this Ordinance shall become and made part of the City of Sunny Isles Beach Code; that the Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions, and that the word "Ordinance" shall be changed to Section or other appropriate word. Section 1-5. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 1-6. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 15th day of June, 2000. , A TrEST~ ..j .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: VlC.e...M.A"-lOR. VY\t>R.eouJ Seconded by: CM'Y\~I~<;;:IOIG~-rURf"TS'~Y VOTE: 4-0- \ Mayor David Samson Vice Mayor Connie Morrow Commissioner Lila Kauffinan Commissioner Daniel Iglesias Commissioner Irving Turetsky (yes) V (yes) -V (yes)~ (yes)~ (yes) V (no)_ (no)_ I/' (no) ----Abseh-\- ~ (no)_ (no)_ Ord. 2000-97 3