Ordinance 2014-419 - Laserfiche WebLink

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(c) Interior side setbacks/view corridors. [1] For parcels 200 feet or more in width: [a] Primary structures. The minimum side setbacks for primary use structures exceeding 20 feet in height above grade shall be 50 feet. If side setbacks of different width are provided, the larger setback shall be provided on the side adjacent to the public beach access walkway or to provide for the greatest separation from buildings on adjacent sites. Where a parcel is no more than five percent greater than 200 feet in width, the minimum side setback shall be 20 feet. [b] Pedestal structures, parking garages and accessory use structures. There shall be no required setback for structures below six feet above grade. To preserve ocean view corridors for sites west of Collins Avenue, for structures higher than six feet above grade, there shall be a three-foot setback for each two feet of building height up to a maximum setback of 50 feet. [c] For parcels adjacent to public parks, excluding easements used exclusively for access, the minimum side setback shall be five feet. [d] Optional design flexibility side setback for parcels 211 to 299 feet in width: At the option of the landowner, minimum setbacks may be provided as follows for primary use structures exceeding 20 feet in height above grade on existing platted lots as of December 1, 2013, or lots that may be combined subsequent to, for purposes of design flexibility, and where the landowner provides to the City the designated fee payment for the City's maintenance of adjacent public beach access, streetscape and park improvements. This optional design flexibility setback requirement shall not apply to parcels 300 feet or more in width. [i] Minimum setback of 25 feet requires a fee payment of $1,000,000, per eligible parcel. [ii] Minimum setback of 30 feet requires a fee payment of $500,000, per eligible parcel. 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. 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-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Words stricken are deletions;words underlined are additions.