HomeMy WebLinkAboutOrdinance 2004-191
ORDINANCE NO. 200~ ..tlL-..
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 504.2.1 (iv) AL~O REFERRED TO AS
CHAPTER 265-14 B (1)(d) TO ALLOW AN EXCEPTION TO THE RULE THAT SALES
OFFICES BE LOCATED ON AND LIMITED TO THE PROPERTY WHICH IS BEING
MARKETED AND HAS FINAL SITE PLAN APPROVAL; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a developer has requested permission to place a temporary sales offices at a
non-construction site; and
WHEREAS, the City Commission wishes to permit temporary sales offices at non-
construction sites.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Amendment to Section 504.2. 1 (iv)
504.2.1 The establishment of the following uses shall require a temporary use,
structure permit or special events permit issued by the City.
1. Construction of on-site offices for a development project with final site
plan approval.
11. Construction materials storage, processing and fabrication on-site for a
development project with final site plan approval.
111. Construction equipment storage on-site for a development project with
final site plans approval.
IV. Temporary sales centers and model homes established for the express
purpose of marketing a real estate development project with final site plan
approval. The sales office or center and model homes shall be located on
and limited to the property, which is being marketed for sales except. a
sales office may be permitted as a conditional use (requiring hearing and
site plan approval of such sales office) prior to final site plan approval for
the for the real estate development proiect to be sold if the property where
the proposed sales office is to be located abuts Collins Avenue or Sunny
Isles Beach Boulevard and the owner of said property owns contiguous
property abutting Collins Avenue or Sunny Isles Beach Boulevard. as the
case may be. The sales office or center may be permitted subiect to the
following conditions:
Seclion 504 amendmenl
Created on 12/2/2003 4:58 PM
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fat The sales office shall be removed if site plan approval for the
main real estate development proiect is not granted within one
year from the date the building permit for the sales office is
issued. and a DaildiRg permit for complete cORstmetioR of the
real estate d6\'eloomeflt proieet is Flot issued within ORe year
from the date the DaildiRg aermit fur the sales office is issaed.
(b) The property owner shall post a bond or comparable
instrument acceptable to the City Manager and in amount
sufficient. in the sole opinion of the City Manager. to lJay for
the cost of demolition and removal of the temporary sales
office from the site. Said instrument shall be from a surety
comlJany or financial institution acceptable to the City
Manager and shall be in a form approved by the City Attorney;
(c) The sales office shall meet all Land Development Regulations
pertaining to the underlying zoning on the site. or for office
use. whichever is more stringent including Commission
approval of a site plan for the temporary sales office.
v. Garage sales.
VI. Seasonal sales lots offering Christmas trees, pumpkins, flowers and the
like; however, no temporary permit shall be issued for sales within public
rights-of-way, and fireworks sales shall be subject to Fire Department
approval.
Vll. Sidewalk or parking lot sales by City licensed businesses.
Vlll. Non-City sponsored fireworks displays and shows.
IX. Carnivals, fairs, concerts, circuses or similar events.
Section 2. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 4. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED and ADOPTED on first reading the 12~ day of ~e.~bot.v-, 2003
Section 504 amendmenl
Crealed on 12/2/20034:58 PM
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PASSED and ADOPTED on second reading this IS day of JI'WLtl\R.li , 2004
Al"~EST: t
,:.~(~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: 5-b
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
Seclion 504 amendmenl
Crealed on 12/2/20034:58 PM
Moved by: Co~\S~'O~~ I~L~I~
Second by: Coh'Vw\\S.S.\bl)~ TI-\-A-\-~
(yes) V
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