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<br />ORDINANCE NO. 2005-~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />AMENDING 265-5 OF THE LAND DEVELOPMENT <br />REGULATIONS TO REVISE THE DEFINITION OF <br />THE TERM HEIGHT; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR A REPEALER; <br />PROVIDING FOR INCLUSION IN THE CODE; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission adopted its Land Development Regulations to govern <br />the use of land within the boundaries of the City; and <br /> <br />WHEREAS, there is a need to clarify the definition of height set forth in the Land <br />Development Regulations; and <br /> <br />WHEREAS, the City Commission wishes to adopt the attached Ordinance to clarify the <br />definition of height. <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 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 by this ordinance <br />upon hereof. <br /> <br />Section 2. <br />follows: <br /> <br />Amendment. Section 265-5 of the City Code is hereby amended to read as <br /> <br />HEIGHT---The vertical distance from the crown of the adjacent road to the highest point <br />of the structure being measured, includes all rooftop equipment or to the roof surface for a flat <br />roof, or to the highest point of the main roof structure of the roof of a building having a pitched <br />roof. In addition, (1) chimneys shall be permitted to extend 3 feet above the highest point of the <br />roof where it passes through the roof or 3 feet above the roof if the roof is flat. (2) Parapet walls <br />constructed on buildings with flat roofs shall be permitted to extend not higher than 3 feet above <br />the roof. (3) Steeples shall be permitted to extend above the roof. <br /> <br />Section 3. Severability. The provisions of this Ordinance are declared to be severable and if <br />any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be <br />invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, <br />sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the <br />legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> <br />Section 4. Repealer. Any and all ordinances, resolutions and parts of ordinances or <br />resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or <br />in conflict herewith. <br /> <br />Height Definition amendment ordinance <br />I Words underlined are added <br /> <br />Page 1 of2 <br />