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<br />ORDINANCE NO. 2008-~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION <br />265-45 OF THE CITY CODE RELATING TO FENCES AND <br />WALLS TO PROHIBIT FENCES AND WALLS WITHIN ANY <br />REQUIRED FRONT SETBACK AREA WITHIN <br />NONRESIDENTIAL PROPERTIES; PROVIDING FOR <br />REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING <br />FOR INCLUSION IN THE CODE; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, Section 265-36 of the City Code requires property within the B-1 zoning <br />district to maintain a 25-foot setback area; and <br /> <br />WHEREAS, the City Commission wishes to amend the fence and walls regulations to <br />make it consistent with the development standards in the B-1 zoning district; and <br /> <br />WHEREAS, the City Commission further wishes to affirm that chain link fences are <br />nonconforming structures. <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 adoption hereof. <br /> <br />Section 2. <br /> <br />Amendment. Section 265-45 of the City Code is amended to read as follows: <br /> <br />~ 265-45. E. Fences and Walls <br /> <br />(4) Walls and fences on nonresidential parcels. Walls shall be permitted within a required <br />buffer yard at the perimeter of nonresidential parcels: they shall not be permitted <br />within a required front yard. Fences within nonresidential zoning districts adjacent to <br />residential property shall not exceed eight feet in height. Fences and wall within <br />nonresidential property shall not exceed eight feet in height. Fences and walls within <br />nonresidential property adjacent to nonresidential property shall not exceed W ~feet in <br />height. Typical elevations, materials and the location of the fence shall be shown on the <br />final site plan. Fences and walls are prohibited within any required front setback area <br />except within the front setback of a temporary structure or vacant lot. <br /> <br />(6) Chain link fences prohibited. Chain link fences shall be prohibited in all districts <br />except as a temporary enclosure or fencing for tennis courts or athletic activities. Chain <br />link fences created prior to the effective date of the Land Development Regulations <br /> <br />Words added underlined, words stfi€keIl deleted (cd) <br /> <br />Page I of 3 <br />