HomeMy WebLinkAboutOrdinance 2005-239
ORDINANCE NO. 2005- ~ 39...
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 265-58 (I) OF THE LAND
DEVELOPMENT REGULATIONS RELATING TO
TEMPORARY CONSTRUCTION FENCING TO PERMIT CHAIN
LINK FENCE WITH CANVAS FOR A TEMPORARY PERIOD
FOR DEMOLITION PURPOSES; PROVIDING FOR A
REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City wishes to protect the health, safety and welfare of its residents by
regulating temporary construction fences; and
WHEREAS, the City Commission wishes to amend the temporary construction fence
ordinance to permit chain link fences for demolition purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clause are hereby ratified
and confirmed as being true and correct are hereby made a specific part by this Ordinance upon
thereof.
Section 2.
Amendment. Section 265-58(1) is hereby amended to read as follows:
(1) Temporary Construction Fencing.
No person or entity shall install or construct a temporary construction fence in this City
without first obtaining a permit from the City's building department. Each fence
constructed or maintained shall be constructed and anchored in accordance with the
Florida Building Code.
(2) Permitted Fences
a. Except on the east side of Collins A venue, the following temporary
construction fences are permitted in all the zoning districts;
[1] wrought iron or blackened aluminum.
[2] stucco and stone main structure.
[3] masonry walls.
[4] wood pickets.
[5] concrete wall.
[6] frame plywood panel.
Modification Draft 02005- Temp Contruction Fence Amend
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[7J I Chain link fences with canvas (or similar material) is permitted if the
property owner or agent has obtained a demolition permit from the
Building Department. The chain link fence shall be permitted to be
utilized as a demolition fence for a period of no longer than two (2)
months or upon expiration of the demolition permit whichever occurs first.
***
@ Enforcement penalties. The Code Enforcement and Building Department shall be
responsible for the enforcement of the provisions of this ordinance. Any person
or entity found to be in violation of this ordinance shall be subiect to a $500 fine
per day.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed
Section 4. 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 and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. 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 6. Effective Date. This Ordinance shall take effect ten (10) days after adoption at
second reading.
PASSED and ADOPTED on First Reading the ~ day of ~~W\hw 2005.
PASSED and ADOPTED on Second Reading this \ \~ day of Oo!-o~ 2005.
ATTEST:
c--~ A ~.
Jane A. Hines, City_Clerk
I Words underlined are added
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APPROVED AS TO FORM
AND LE AL SUFFICIENCY
VOTE: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~yes
l0 yes
l0 yes
~yes
L0 yes
Modification Draft 02005- Temp Contruction Fence Amend
Moved by: Cohv't't"'~S\OIJ~ GoObW\AAJ
Second by: Co~\C;c;:\otJ~ IG;, \...~ s,1l\-S
L-) no
L-) no
L-) no
L-) no
L-) no
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