Ordinance 2003-173 - Laserfiche WebLink

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ORDINANCE NO. 2003-i:L3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2.01, "DEFINITIONS" OF ORDINANCE 2002-165, ADOPTING THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF ''BEACH ACCESS"; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2002-165, which was approved on December 10, 2002, includes several references to "beach accesses" in the land development regulations; and WHEREAS, there is no consistent definition of this term and it would clarify the ordinance to contain such a definition; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment to "Definitions" Section 2.01 of Land Development Regulations. Section 2.01 of Ordinance No. 2002-165 is hereby amended to include a definition of "Beach Access," following the definition for "Base Flood", as follows: "Beach Access" shall mean and include a non-exclusive, publicly accessible, open air and unenclosed pfWetllandscaped hard surface area easem~t linking Collins Avenue to the Oceanfront Beach, of not less than 15 feet wide and to be located within a required side setback area, on that side of the property closest to a signalized public crosswalk on Collins Avenue and, where practicable, on the side adjacent to an existing beach access easement, provided by abutting property with such easement to be over, across, under and through said property, with the elevation of such easement to be no more than six feet above ground grade. Section 2. Repealer. To the extent that any definition of "beach access" is contrary to the definition included in this ordinance, it is, and same, shall hereby be repealed. Section 3. Severability. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate, district, and independent provision and such holding shall not affect the validity of the . . . . remammg proVISIons. Section 4. Inclusion in the Code. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system 02003- Amendment to Section 201 LDRs 1