HomeMy WebLinkAboutOrdinance 2012-394 ORDINANCE NO. 2012- 3 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 218 OF THE
CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH TO
CLARIFY THAT NEWLY CONSTRUCTED SALES CENTERS FOR
DEVELOPMENT PROJECTS REQUIRE APPROVAL OF THE CITY
COMMISSION; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to clarify that approval by the City Commission is required
for newly constructed sales trailers or sales centers; and
WHEREAS, the City wishes to amend Chapter 218 the Code of Ordinances of the City
of Sunny Isles Beach to accomplish the aforesaid objective.
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 adoption hereof.
Section 2. Amendment. Section 218-2 of the City Code is amended to read as follows:
§ 218-2. -Approval of btri-kling-jaermi newly constructed sales structure.
A building permit shall issue for newly constructed temporary sales structure or trailers upon
approval of same by the City Manager and his/her designee, as appropriate, City Commission
who shall consider, among other things, the following
A. - - _ • . -- . - , it must be consistent with the South Florida Building•
Code. The design and landscape of the proposed structures.
B. A bond be may be posted by the applicant in an amount that would be necessary if the
City were placed in the position of having to remove said temporary sales building or
trailer.
C. It shall be occupied at least five days a week and five hours a day.
D. Other conditions maybe imposed upon approval.
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, 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.
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Section 4. 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 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date and Applicability. This Ordinance shall be effective upon adoption
on second reading.
PASSED and ADOPTED on first reading the I'e54' day of OC.TO$F.0 2012.
PASSED and ADOPTED on second reading the 154 day of ON€1,461? 2012.
'4,77/(0J
orman S. Edelcup, Mayor
ATTEST:
Jane A. Hines, CMC, City Clerk
APPROVE I AS TO FORM
AND LE a AL SUFFICIENCY:
'kg/
H fil vino , City Attorney
Moved by: qtc..k 1 tkeltitof I N 1_1e_
Seconded by: Cbyny Si bute_G*T TD
Vote: S-b
Mayor Edelcup /(Yes) (No)
Vice Mayor Thaler /(Yes) (No)
Commissioner Aelion Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Scholl V(Yes) (No)
Words added underlined,words stricken deleted(ed) Page 2 of 2
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S '►NY Isle, City of Sunny Isles Beach
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1 0 I 1% Sunny Isles Beach,Florida 33160
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•( 'op sat+ I' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: 11/1 5/2012
RE: Ordinance Requiring Approval of City Commission for Sales Trailer and
Sales Center.
RECOMMENDATION:
It is recommended that the attached Ordinance be adopted.
REASONS:
The purpose of this amendment is to clarify Chapter 218 of the City Code,which requires
the approval of the City Commission for newly constructed sales centers and sales
trailers that are used for development projects. This amendment is consistent with current
and past practice.
ATTACHMENTS:
Ordinance
• Notice of Public Hearing
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=916&MeetinglD=O&MeetingDate... 11/9/2012