HomeMy WebLinkAboutOrdinance 2017-509 ORDINANCE NO. 2017- Sol
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-63.3
(E) CONSTRUCTION FENCING TO ELIMINATE THE
LANDSCAPE BUFFER REQUIREMENT FOR TEMPORARY
CONSTRUCTION FENCE; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 265-63.3 of the City of Sunny Isles Beach, Florida (the "City")
Code provides for the installation of temporary construction fence; and
WHEREAS, Section 265-63.3 specifies the types of permitted fences that may be
installed during construction; and
WHEREAS, Section 265-63.3 (E) requires a landscape buffer in front of a construction
fence; and
WHEREAS, Section 265-63.3 (E) should be amended to eliminate the landscape buffer
for a temporary construction fence; and
WHEREAS, the City Commission finds that the provisions of this Ordinance, which
amends Section 265-63.3 (E) of the City Code, will serve the health, safety and welfare of the
City's residents.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Section 265-63.3 (E) of the City Code, pertaining to construction fencing, is
hereby amended as follows:
§ 265-63.3 Construction fencing.
D. Maximum and minimum height. A fence is permitted a maximum height of twelve feet
and a minimum height of six feet.
(E) Setbacks. A temporary fence installed on the front of the property shall be situates six
feet from the property line on Collins avenue, unless specifically waived by the City
Commission. The setback area between the temporary fence and the property lines shall
contain a continuous extensively landscaped buffer which must be maintained in good
healthy condition by the property owner. No temporary construction permit shall be
Ordinance amending Section 265-63.3.of the City Code - I -
issued unless a landscape plan is approved by the city for the buffer. Failure to maintain
the landscaping will result in the city taking action to replace same and lien the property
for the costs of landscaping. A temporary fence is permitted to be installed on the front
property line.
Section 2. 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, clause, 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 3. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this ble day of September, 2017.
PASSED AND ADOPTED on second reading this 1`i/day of a e. , 017.
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Geor_ H. Scholl, Mayor
v/
`Mauricio'B:elancur, CMC, Acting City Clerk
APPROVED AS TO FORM
AN)L . SUFFICIENCY:
Omss.
ff ri
•a �s Ottinot, City Attorney
Ordinance amending Section 265-63.3.of the City Code -2-
Moved by: GOMA92-,to A tt- 6
Seconded by:
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin (Yes) (No)
Ordinance amending Section 265-63.3.of the City Code -3-
,3NNr ts4 Cityof SunnyIsles Beach City Commission
:_,_ ,r George`"Bud"Scholl,Mayor
01: •5 " m 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
ti : <-0-'' \vIsaac Aelion, Commissioner
_;,.‘:� _, -.- = Sunny Isles Beach, Florida 33160 Jeanette Gatto,Commissioner
'' _ *
** �.:; �z�• * (305)947-0606 City Hall Larisa Svechin,Commissioner
.
* * (305)949-31 13 Fax
y '99 � �\ P eP (305)947-2150 Building Department Christopher J.Russo City Manager
* F�0 5 Hans Ottinot,City Attorney
c r' of suN Pio (305)947-5107 Fax illauricio Betancur,CMC,Acting City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: September 21, 2017
RE: _ Ordinance amending Section 265-63.3 (E) of the Code of Ordinances to
Eliminate Landscape Buffer for Construction Fencing.
RECOMMENDATION
This Ordinance is presented for your consideration.
REASONS
The purpose of this amendatory ordinance is to eliminate the requirement of a landscape buffer
for construction fencing. The City Manager and his staff have determined that it is extremely
difficult to maintain the landscape buffer during a construction project.
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