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ORDINANCE NO. 2017- Sol AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-63.3 (E) CONSTRUCTION FENCING TO ELIMINATE THE LANDSCAPE BUFFER REQUIREMENT FOR TEMPORARY CONSTRUCTION FENCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-63.3 of the City of Sunny Isles Beach, Florida (the "City") Code provides for the installation of temporary construction fence; and WHEREAS, Section 265-63.3 specifies the types of permitted fences that may be installed during construction; and WHEREAS, Section 265-63.3 (E) requires a landscape buffer in front of a construction fence; and WHEREAS, Section 265-63.3 (E) should be amended to eliminate the landscape buffer for a temporary construction fence; and WHEREAS, the City Commission finds that the provisions of this Ordinance, which amends Section 265-63.3 (E) of the City Code, will serve the health, safety and welfare of the City's residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 265-63.3 (E) of the City Code, pertaining to construction fencing, is hereby amended as follows: § 265-63.3 Construction fencing. D. Maximum and minimum height. A fence is permitted a maximum height of twelve feet and a minimum height of six feet. (E) Setbacks. A temporary fence installed on the front of the property shall be situates six feet from the property line on Collins avenue, unless specifically waived by the City Commission. The setback area between the temporary fence and the property lines shall contain a continuous extensively landscaped buffer which must be maintained in good healthy condition by the property owner. No temporary construction permit shall be Ordinance amending Section 265-63.3.of the City Code - I -