HomeMy WebLinkAboutOrdinance 2005-241
ORDINANCE NO. 2005-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING 265-5 OF THE LAND DEVELOPMENT
REGULATIONS TO REVISE THE DEFINITION OF
THE TERM HEIGHT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted its Land Development Regulations to govern
the use of land within the boundaries of the City; and
WHEREAS, there is a need to clarify the definition of height set forth in the Land
Development Regulations; and
WHEREAS, the City Commission wishes to adopt the attached Ordinance to clarify the
definition of height.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon hereof.
Section 2.
follows:
Amendment. Section 265-5 of the City Code is hereby amended to read as
HEIGHT---The vertical distance from the crown of the adjacent road to the highest point
of the structure being measured, includes all rooftop equipment or to the roof surface for a flat
roof, or to the highest point of the main roof structure of the roof of a building having a pitched
roof. In addition, (1) chimneys shall be permitted to extend 3 feet above the highest point of the
roof where it passes through the roof or 3 feet above the roof if the roof is flat. (2) Parapet walls
constructed on buildings with flat roofs shall be permitted to extend not higher than 3 feet above
the roof. (3) Steeples shall be permitted to extend above the roof.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this 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 they 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resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or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.
Height Definition amendment ordinance
I Words underlined are added
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Section 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall be included in 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.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the J/~day of 1JOl)etM~2005.
PASSED and ADOPTED on second reading the ~ day of 1)~~ 2005.
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Moved by: YlCA ({\0Aj1lY" -rttAL~1'l
Seconded by: G\"t\\'Y\'~S \t)~l ~ Goo ~~
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v(Yes)
~Yes)
~Yes)
\:./ (Yes)
V(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Height Defmition amendment ordinance
1 Words underlined are added
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