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.
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(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.
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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
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