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ORDINANCE NO. 2017- S 03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-45(M) OF THE CITY CODE TO PERMIT APPROVAL OF DOCKAGE PERMIT APPLICATIONS UPON THE APPROVAL OF SUCH APPLICATIONS BY MIAMI-DADE COUNTY AND OTHER REGULATORY AGENCIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 265-45(M) of the Code of Ordinances of the City of Sunny Isles Beach currently authorizes wet dockage or moorage of private, noncommercial, pleasure craft in connection with any residential use; and WHEREAS, the City wishes to amend Section 265-45(M) of the Code of Ordinances to permit approval of dockage permit applications upon the approval of such applications by Miami- Dade County and other regulatory agencies. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 to Section 265-45(M) of the City Code. Section 265-45(M) of the City Code is hereby amended to read as follows: § 265-45. —Docks; construction requirements. M. Docks; construction requirements. (1) Prior to the construction of a dock within the City, the owner shall obtain approval of the proposed construction from the Zoning, Planning and Building Department, Miami-Dade County Environmental Resources Management and appropriate drainage district. In areas where the zoning is residential and/or commercial, piers and docks are to be located within the middle one-half of the water frontage and shall have a minimum setback of ten feet at each side of property line. Piers and docks protrusion onto the public waterway shall not exceed 20% of the width canal or half of their rear property line length, whichever is less. Pier and docks shall not exceed five feet in width and shall not extend beyond the triangle area as shown in Exhibit A Attachment 6:12 except where the pier and docks have been approved by the Miami Dade County Environmental Resource Manager or designee under the Code of Miami Dade County. For properties of residential and/or commercial use which protrudes into any part of the Intercoastal or other waterway in excess of 1,000 feet in width, a distance no greater than 100 feet protrusion shall be approved as indicated in Attachment 6:13 Ordinance Amending_Section 265-45 1 Words underlined are added,words stricken are deleted.