HomeMy WebLinkAboutOrdinance 2005-236
ORDINANCE NO. 2005 - -;(. 3 ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA RELATING TO THE
TEMPORARY STORAGE UNITS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR
REGISTRATION OF THE TEMPORARY STORAGE UNITS;
PROVIDING FOR PLACEMENTS OF THE TEMPORARY
STORAGE UNITS WITHIN A SINGLE FAMILYILOW DENSITY
RESIDENTIAL (R-l) ZONING DISTRICT AND THE MODERATE
DENSITY TOWNHOUSEILOW MEDIUM DENSITY RESIDENTIAL
(R- TH) ZONING DISTRICT; PROVIDING FOR PENAL TIES FOR
VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in accordance with Florida Statues Chapters 166 and 163, the City of Sunny
Isles Beach ("City") is authorized to adopt regulations designed to promote public health, safety and
welfare of its citizens and adopt regulations controlling the use of land; and
WHEREAS, the City deems it to be in the best interest of its citizens, residents and visitors
to enhance the aesthetic appearance of the City by providing that temporary storage units, commonly
known as "PODs," be appropriately located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Purpose and Intent. The following regulation has been adopted to insure that
placement of Temporary Storage Units, commonly known as PODs, to comply with the health, safety
and aesthetics objectives of the City. This Ordinance regulates the placement of Temporary Storage
Units in order to promote the health and safety of the residents of the City and to preserve the
aesthetic value of its residential neighborhoods.
Section 2.
Definitions. The following definitions shall apply under this Ordinance.
A. Applicant shall mean the person that owns, rents, occupies, or
controls the property and registers the Temporary Storage Unit with
the City's Code Enforcement and Licensing Department.
B. Building Department is the City's Zoning, Planning and Building
Department.
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C. Code Enforcement and Licensing Department is the City of Sunny
Isles Beach Code Enforcement and Licensing Department.
D. Supplier shall mean the company or vendor which vendor that
supplies the Temporary Storage Unit to the residential property.
E. Temporary Storage Unit shall mean a transportable unit designed and
used primarily for temporary storage of building materials (before
they are utilized for building purposes), household goods, and other
such materials for use on a limited basis on residential property. Such
unit shall not be considered an accessory structure as provided in
Chapter 265 of the Code of the City of Sunny Isles Beach.
2. Requirements for Registration of Temporary Storage Units.
A. Prior to or within twenty-four (24) hours following the initial delivery
of the Temporary Storage Unit, the Applicant or the Supplier shall
register the placement of the Temporary Storage Unit with the Code
Enforcement and Licensing Department.
B. The registration shall be obtained from the Code Enforcement and
Licensing Department by: I) completing the Code Enforcement and
Licensing Department's application 2) presenting an active Building
Department building permit for that property if the Temporary
Storage Unit is to be used for the storage of building materials, 3)
payment of a $1 0.00 non-refundable registration fee, and 4) the Code
Enforcement and Licensing Department's written approval of the
application.
C. The application shall contain the name ofthe Applicant to whom the
temporary storage unit is supplied, whether the person owns, rents,
occupies, or controls the property, the address at which the
Temporary Storage Unit will be placed, the delivery date, removal
date, active building permit number, if applicable, and a sketch
depicting the location and the placement of the Temporary Storage
Unit.
D. The effective date of the registration shall be the date of the Code
Enforcement and Licensing Department's approval.
3. Requirements for Placement of Temporary Storage Units. The following
requirements shall apply to the placement of Temporary Storage Units in the
residential zones:
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A. It shall be unlawful for any person or entity to place or permit the
placement of Temporary Storage Units on property located within a
Single Family/Low Density Residential (R-l) Zoning District or
Moderate Density Townhouse/Low Medium Density (R- TH) Zoning
District without registering the Temporary Storage Unit with the
Department as provided above.
B. Temporary Storage Units shall only be placed the property owner's
driveway or a parking area or, if access exists at the side or rear of the
site, the side or rear yard. The required parking space(s) shall at all
times be maintained if temporary storage units are placed in parking
areas.
C. The Temporary Storage Unit shall be located at such address for a
maximum of fourteen (14) consecutive days, including the days of
delivery and removal. An extension may be granted to the Applicant
by the Code Enforcement and Licensing Department, subject to
conditions, for a reasonable additional time period in an amount not
to exceed thirty (30) days.
D. Each residential property is limited to a maximum of four (4)
registrations per calendar year, and a minimum of fifteen (15) days
shall elapse between the end of one (1) registration period and the
beginning of another.
E. In the event of a tropical storm warning or hurricane watch issued by
the National Weather Service, the Applicant or Supplier shall
immediately remove, or cause to be removed, the Temporary Storage
Unit after a warning or watch has been issued. In order to protect the
health, safety and welfare of its citizens and the property located
within the City in such event, the City Manager, or designee, may, by
providing at least twenty-four (24) hours notice, issue a warning to
the Applicant to remove the Temporary Storage Unit. If Applicant
fails to remove the Temporary Storage Unit within the twenty-four
hour period, the City, at its option, may enter into the residential
property and remove the Temporary Storage Unit. The Supplier and
the Applicant shall be jointly and severably be liable for all costs
incurred by the City for the removal of the Temporary Storage Unit
under these circumstances. This right shall create a duty by the City to
enter the property and remove the Temporary Storage Unit.
F. The Applicant, as well as the Supplier, shall be responsible for
ensuring that the Temporary Storage Unit is maintained in good
condition, free from evidence of deterioration, weathering,
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discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at
all times.
G. No Temporary Storage Unit shall be used to store solid waste,
construction debris, demolition debris, recyclable materials, business
inventory, commercial goods, goods for property other that at the
residential property where the Temporary Storage Unit is located (i.e.
used for retail sales) or any other illegal or hazardous material. Upon
reasonable notice to the Applicant, the City of Sunny Isles may
inspect the contents of any Temporary Storage Unit at any reasonable
time to ensure that it is not being used to store said materials. At no
time shall temporary storage unit may be used for any of these
purposes.
4. Placement of Temporary Storage Units in other Zoning Districts. Temporary
Storage Units shall only be placed on property located any within a Single
Family/Low Density Residential (R-l) or Zoning District Moderate Density
Townhouse/Low Medium Density (R- TH) Zoning District.
5. Enforcement and Penalties. The provisions of this Ordinance shall be
enforced in accordance with Chapter 14 of the Code of the City of Sunny
Isles Beach. The Code Enforcement and Licensing Department shall be
responsible for the enforcing of the provisions of this Ordinance. Any person
or entity found to be in violation of any section of this Ordinance shall be
subjected to a $250.00 fine per occurrence.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase ofthis Ordinance shall, for any reason, be held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance, but shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4. Repealer. Any and all ordinances, resolutions and parts of ordinances or
resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent
or in conflict herewith.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained, that the provisions of this Ordinance shall become an appendix to the City
of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
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Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption
on second reading.
PASSED AND ADOPTED on first reading this ~ day of~, 2005.
PASSED AND ADOPTED on second reading this ll~day of oc.i 2005.
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ATTEST:
Jane Hines, City Clerk
Moved by: 'I,Ct ~()V" lliAL~R
Seconded by: ~Nvm\<;'~ID}uf.Q. ~~2-'N'
Vote: 5-D
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v Yes)
17 Yes)
V Yes)
t/ Yes)
_Yes)
_No)
_No)
_No)
_No)
_No)
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