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<br />ORDINANCE NO. 2003- J..Bj <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, REPEALING ORDINANCE 2003-171 AMENDING <br />SECTION 703.8.4 (m) OF THE LAND DEVELOPMENT <br />REGULATIONS ADOPTED BY ORDINANCE 2002-165 ENTITLED <br />"PARKING GARAGE / ROOFTOP OPEN SPACE" TO PROVIDE <br />THAT PARKING STRUCTURES THAT FALL WITHIN THE VE <br />ZONE ON LOTS WITH 100 FEET OF FRONTAGE OR LESS, ARE <br />EXEMPT FROM MINIMUM SIDE SETBACKS AND DO NOT <br />COUNT AGAINST FLOOR AREA RATIO; PROVIDING FOR A <br />REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING <br />FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City of Sunny Isles Beach, by Ordinance 2002-165 adopted its <br />Land Development Regulations ("LDRs"); and <br /> <br />WHEREAS, section 703.8.4 (m) as drafted did not reflect the intent of the sponsor of <br />this section and conflicts with other sections of the LDRs and the City Commission now wishes to <br />correct this language and was amended on June 19,2003; <br /> <br />WHEREAS, the electorate has voiced substantial opposition to this legislation and <br />the City Commission wishes to abide by the will of the people and revoke this amendment; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />1. Ordinance 2003-171 is hereby repealed as follows: <br /> <br />Section 703.8.4 (m) shall be amended to read: <br /> <br />(m) Parking Garage / Rooftop Open Space: The roof of every parking <br />garage shall be landscaped or improved for active or passive recreational <br />and open space use in accordance with design standards of Chapter 1001, <br />Landscaping Requirements, A maximum of 5% percent of the total <br />required on site-parking Spaces will be permitted to be located on open <br />rooftops provided such parking shall be screened from upper level views <br />through the use of canopies or landscaped trellis structures. For parking <br />structl:lres which fall withiR a VE ZORe on lots with 100 feet of frontage <br />or less; said garage structure, inell:lding all facilities contained therein, <br />shall not be counted against either the permitted floor area ratio or be <br />subj €let to minimum setback restrictions, provided that the garage portion <br />':Ihich exceeds 20 feet aboye grade is located behind the bl:lilding front <br />setback, or, is located within the footprint of the principal bl:lilding. <br /> <br />Amendment to LDRS-- VE Zone Repeal <br /> <br />1 <br />