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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 Ordinance 2003-171 is hereby repealed as follows: Section 703.8.4 (m) shall be amended to read: (m) Parking Garage / Rooftop Open Space: The roof of every parking garage shall be landscaped or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VE Zone Repeal 1 2, Repealer, All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3, Severability, If any sectio~ subsectio~ clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdictio~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)