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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. 1 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: 2 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, 3 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. 4 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. ~~~ 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) 5