HomeMy WebLinkAboutOrdinance 2003-173
ORDINANCE NO. 2003-i:L3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2.01,
"DEFINITIONS" OF ORDINANCE 2002-165, ADOPTING THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION
OF ''BEACH ACCESS"; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2002-165, which was approved on December 10, 2002,
includes several references to "beach accesses" in the land development regulations; and
WHEREAS, there is no consistent definition of this term and it would clarify the
ordinance to contain such a definition;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment to "Definitions" Section 2.01 of Land Development Regulations.
Section 2.01 of Ordinance No. 2002-165 is hereby amended to include a definition of "Beach
Access," following the definition for "Base Flood", as follows:
"Beach Access" shall mean and include a non-exclusive, publicly accessible, open air
and unenclosed pfWetllandscaped hard surface area easem~t linking Collins Avenue to
the Oceanfront Beach, of not less than 15 feet wide and to be located within a required
side setback area, on that side of the property closest to a signalized public crosswalk on
Collins Avenue and, where practicable, on the side adjacent to an existing beach access
easement, provided by abutting property with such easement to be over, across, under and
through said property, with the elevation of such easement to be no more than six feet
above ground grade.
Section 2. Repealer. To the extent that any definition of "beach access" is contrary to the
definition included in this ordinance, it is, and same, shall hereby be repealed.
Section 3. Severability. If any provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction such provision shall be deemed a
separate, district, and independent provision and such holding shall not affect the validity of the
. . . .
remammg proVISIons.
Section 4. Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall be included and incorporated into the Code
of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this
Ordinance may be renumbered to conformed to any uniformed numbering system
02003- Amendment to Section 201 LDRs
1
Section 5. Effective Date. This Ordinance becomes effective ten (10) days after adoption on
second reading and 8hall be applied retl'Oaetivdy t6 the date of adopti6fl at the LMld
Dcvdopmeflt Regulfttiofl8 by Ordiflftftee No. 2002 165.
PASSED and ADOPTED on first reading the 19th day of June, 2003.
PASSED and ADOPTED on second reading, this "~
2003.
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
,,~.~'A.,/~
JmIe A. Hines, Acting City Clerk
Motion by: Cbh-\.,..,.\ ~,\oNce.t ~QfA~
Second by: V\ t..l 'ff\~ 1:)y- SA.eAcu.p
VOTE: 5-0
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
Commissioner Lila Kauffman
(yes) ~
(yes) ..1L...
(yes) V
(yes) ~
(yes) V
(no)_
(no)_
(no)_
(no)_
(no)_
02003- Amendment to Section 201 LDRs
2