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<br />ORDINANCE NO. 2007- ~ q 1 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />AMENDING SECTION 265-35 (8) OF THE CITY CODE <br />TO CLARIFY THE WIDTH OF THE REQUIRED <br />BEACH ACCESS; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR REPEALER; PROVIDING FOR <br />INCLUSION IN THE CODE; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, the City Code requires beach access easements as a condition of <br />development approval for projects located east of Collins A venue; and <br /> <br />WHEREAS, this amendatory ordinance will clarify that a beach access easement must <br />have a width of not less than 20 feet in average. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Amending Section 265-35 of the City Code. Section 265-35 of the City Code <br />amended to read as follows: <br /> <br />9265-35. Mixed Use -Resort District) MU-R). <br /> <br />D. Site Development Standards. <br /> <br />(7) Maximum building height. Maximum building height shall be controlled by 9 <br />265-35D (d), regarding setbacks and view corridors, and 9 265-35D (9), Floor <br />area ratio. <br /> <br />(8) Required beach access easement. There shall be required for all properties, <br />except as provided herein below, a nonexclusive publicly accessible beach access <br />easement linking Collins A venue to the oceanfront beach. Such easement shall <br />be not be less than 15 feet wide 20 feet in average width and located within a <br />required side setback area and on the side of the property closest to a signalized <br />public crosswalk on Collins A venue and, where applicable, on the side adjacent to <br />an existing beach access easement provided by an abutting property and such <br />easement shall be over, across, under and through said property. Abutting beach <br />access easements shall be designed and improved to function as an integrated <br />design with a single pedestrian walkway of an expanded width to fully utilize the <br />greater effective easement width afforded by the abutting easements. However, <br /> <br />Clarifying the Width of Required Beach Access. <br /> <br />Page I on <br />