HomeMy WebLinkAboutOrdinance 2003-183
ORDINANCE NO. 2003- J..Bj
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING ORDINANCE 2003-171 AMENDING
SECTION 703.8.4 (m) OF THE LAND DEVELOPMENT
REGULATIONS ADOPTED BY ORDINANCE 2002-165 ENTITLED
"PARKING GARAGE / ROOFTOP OPEN SPACE" TO PROVIDE
THAT PARKING STRUCTURES THAT FALL WITHIN THE VE
ZONE ON LOTS WITH 100 FEET OF FRONTAGE OR LESS, ARE
EXEMPT FROM MINIMUM SIDE SETBACKS AND DO NOT
COUNT AGAINST FLOOR AREA RATIO; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, by Ordinance 2002-165 adopted its
Land Development Regulations ("LDRs"); and
WHEREAS, section 703.8.4 (m) as drafted did not reflect the intent of the sponsor of
this section and conflicts with other sections of the LDRs and the City Commission now wishes to
correct this language and was amended on June 19,2003;
WHEREAS, the electorate has voiced substantial opposition to this legislation and
the City Commission wishes to abide by the will of the people and revoke this amendment;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Ordinance 2003-171 is hereby repealed as follows:
Section 703.8.4 (m) shall be amended to read:
(m) Parking Garage / Rooftop Open Space: The roof of every parking
garage shall be landscaped or improved for active or passive recreational
and open space use in accordance with design standards of Chapter 1001,
Landscaping Requirements, A maximum of 5% percent of the total
required on site-parking Spaces will be permitted to be located on open
rooftops provided such parking shall be screened from upper level views
through the use of canopies or landscaped trellis structures. For parking
structl:lres which fall withiR a VE ZORe on lots with 100 feet of frontage
or less; said garage structure, inell:lding all facilities contained therein,
shall not be counted against either the permitted floor area ratio or be
subj €let to minimum setback restrictions, provided that the garage portion
':Ihich exceeds 20 feet aboye grade is located behind the bl:lilding front
setback, or, is located within the footprint of the principal bl:lilding.
Amendment to LDRS-- VE Zone Repeal
1
2, Repealer, All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
3, Severability, If any sectio~ subsectio~ clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdictio~ the remainder shall not
be affected by such invalidity.
4, Inclusion into the Code, 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.
5, Effective Date, This Ordinance shall become effective ten (10) days after adoption on
second reading,
PASSED and ADOPTED on first reading the 18th day of September, 2003
PASSED and ADOPTED on second reading this~'iay of Dc.. ~\Lv- , 2003
ATTEST: '.
~~.;~~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
IENCY:
Vote: 3-\
Moved by: "lc.t. VV\~OV" ~b~A.u
Second by: ~W\.\.S t '~UCUJt.. ~~CC.L
Mayor Edelcup
Vice Mayor Goodman
Commissioner Iglesias
Commissioner Thaler
V (Yes)
V (Yes)
(Yes)
V' (Yes)
(No)
(No)
v (No)
(No)