Ordinance 2016-484 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2016- 4L AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 193-9 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH ENTITLED "PERMITS FOR WAIVER FOR CONSTRUCTION NOISE" TO REQUIRE AN APPLICANT TO PROVIDE A COPY OF THE PERMIT APPLICATION AND PERMIT APPROVAL OR DENIAL TO THE ADJACENT PROPERTY OWNERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes that property owners are entitled to the safe, quiet and comfortable enjoyment of their home and business, and finds that certain types of noise infringe on the public's health, safety, comfort and enjoyment; and WHEREAS, the City Commission recognizes that impacted property owners should be well informed about the reasons to allow extended construction hours when the City finds the waiver permit application justified; and WHEREAS, the City Commission wishes to require the Applicant applying for extended hours to provide a copy of the permit application and permit approval or denial to the adjacent property owners provide new guidelines for the submittal of an extended hours permit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Amendment. Section 193-9 of the City Code is amended to read as follows: § 193-9. - Permits for waiver for construction noise. A. Applications for a permit for a waiver from the noise restrictions designated in this chapter on the basis of undue hardship and/or practical difficulty must be submitted to the City Manager at least 10 days before the occurrence of the activity relating to the waiver. The application for waiver must contain the basis for the waiver. The party requesting such waiver shall submit to the City Manager or designee any required approvals from the agencies (FDOT, Police Department, etc.) if applicable. In addition, the property owner or its designee shall notify the abutting property owners within 150 feet of the property in writing of the extension of the construction time request along with the justification for the waiver provided as part of the application. and shall provide proof of such notification to the Amending Section 193 Page I of 3 Words added underlined.words stricken deleted