Ordinance 2020-559 - Laserfiche WebLink

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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment of Section 129-4. Section 129-4 of the Code of Ordinance of the City of Sunny Isles Beach is hereby amended as follows: § 129-4. - Permitted locations. A. Antennas. Rooftop or building -mounted antennas may be permitted in the following land use classified areas not to exceed more than 15 feet above the highest point of the roof, including mechanical rooms. (1) Commercial zoning districts, including Neighborhood Business (B-1) and Town Center Overlay (TCO). (2) Medium Density Multifamily Residential (RMF -1) and Medium - High Density Multifamily Residential (RMF -2) Districts. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami - Dade County, as adopted by the City of Sunny Isles Beach. B. Communication towers. Communication towers may not be permitted in any zone within the corporate limits of the City as they represent a high -hazard within the coastal areas prone to high winds and tides provided, however, if a telecommunications provider can demonstrate by the presentation of evidence to the City Manager, or his designee, that it cannot provide service by use of antennas located within the permitted zone as set forth in Subsection A, then, and in that event, and provided that telecommunications provider makes application through the variance procedure as set forth in §129-14 below, said communication tower may be allowed in the following districts: (1) Commercial zoning districts, including Neighborhood Business (B-1) and Town Center Overlay (TCO). (2) Medium Density Multifamily Residential (RMF -1) and Medium - High Density Multifamily Residential (RMF -2) Districts. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami - Dade County, as adopted by the City of Sunny Isles Beach. C. Notwithstanding any other provisions in Chapter 129, only stealth facilities are permitted to be installed on exterior walls. no reless teleeommunie tie antennas ^*iEffi^ f4eilities or- any paft thefeof shall be installed en the e�Etefief wall of any building of strue leea4ea in the Coy. The term "exterior wall' includes walls that extend beyond the rooftop. Section 3. ' Severability. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all Ordinances or parts of ordinances, and all Resolutions or parts of resolutions, in conflict with this Ordinances are repealed to the extent of such conflict.