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ORDINANCE NO. 2023 - bb5- <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AMENDING SECTION 265-5, "DEFINITIONS," OF THE LAND <br />DEVELOPMENT CODE TO REVISE THE DEFINITION OF THE TERM "WATERFRONT"; <br />PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; PROVIDING FOR <br />CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, Section 265-5 of the adopted Land Development Code (the "Code") of the City <br />of Sunny Isles Beach ("City") contains definitions of terms contained in the Code; and <br />WHEREAS, the term "waterfront" contained in Sec. 265-5 of the Code is not fully <br />articulated to define the circumstances that would create "waterfront" conditions; and <br />WHEREAS, it is the desire of the City Commission of the City to clearly define the term <br />"waterfront" so that there is no ambiguity as to what constitutes "waterfront" conditions; and <br />WHEREAS, the City Commission hereby finds and declares that the adoption of this <br />Ordinance revising the definition of "waterfront" is in the best interest of the City; and <br />WHEREAS, on May 18, 2023, the City's Land Planning Agency, held its hearing on this <br />proposed Ordinance with due public notice and input and recommended adoption of the <br />Ordinance; and <br />WHEREAS, on May 18, 2023, the City Commission held a first reading and public hearing <br />of this proposed Ordinance; and <br />WHEREAS, on June 15, 2023, the City Commission held a second reading and public <br />reading of this proposed Ordinance with due public notice and input. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part of this Ordinance <br />upon adoption hereof. <br />Section 2. Amendment to Sec. 265-5. – Definitions. Section 265-5 is hereby amended as <br />follows: <br />********** <br />WATERFRONT — Any site lot that is a lot of record as of the date of this ordinance shall be <br />considered a -s a waterfront demises lot provided it has at least 75% of one lot line at the time <br />the lot became of record, any eF all of its lot lines that abuts erg of and aye is contiguous to any <br />body of water, including creek, canal, bay, ocean, river or any other body of water, natural or <br />@BCL@5C08CE73.docx Page 1 of 3 190 <br />