Ordinance 85-2471 ORDINANCE NO. 85-2471
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SECTION 7-66 OF THE MIAMI
BEACH CITY CODE. PROVIDING FOR A PUBLIC
HEARING BEFORE THE MARINE AUTHORITY ON
APPLICATIONS FOR PERMITS TO EXTEND DOCKS ,
WHARVES OR OTHER STRUCTURES A DISTANCE
GREATER THAN FORTY FEET; PROVIDING FOR A
PUBLIC HEARING BEFORE THE MARINE AUTHORITY ON
APPLICATIONS FOR PERMITS FOR ANY BOAT, SHIP
OR VESSEL OF ANY KIND TO BE DOCKED OR MOORED
SO THAT ITS PROJECTION INTO THE WATERWAY
WOULD BE BEYOND THE PERMISSIBLE PROJECTIONS
FOR DOCKS , WHARVES , DOLPHIN POLES , MOORING
PILES OR OTHER STRUCTURES; CREATING A NEW
SECTION 7-66 . 1 PROVIDING FOR NOTICE OF PUBLIC
HEARINGS; PROVIDING FOR CONFORMITY TO
BUILDING CODES AND REGULATIONS; PROVIDING FOR
A CITY PERMIT; PROVIDING FOR FEES; PROVIDING
FOR A REPEAL OF CONTRARY ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
•
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
Section 1.
That Section 7-66 of the Miami Beach City
Code is hereby amended to read as follows:
Sec. 7-66 . Limitation on projection of
slips, docks, etc. , providing for a public
hearing.
Boat slips, docks, wharves, dolphin poles,
mooring piles or structures of any kind shall
not be constructed or erected which extend
into any canal or waterway in the city more
than ten percent of the width of such canal
or waterway at a specific location measured
from the seawall or property as shown by
recorded plat line if no seawall exists; but
if a canal or waterway is more than one
hundred feet in width, the structure may
extend into such canal or waterway a distance
not greater than fifteen percent of the width
of such canal or waterway at that specific
location, but not to exceed a distance
greater than forty feet; provided, however ,
as provided in section 7-66 .1 subsequent to a
public hearing, and with special permission
and recommendation of the matl ►e authetlty
Marine Authority and approval by the e4ty
eettaell City Commission, a dock, wharf,
dolphin,- mooring pile or other structure may
extend from a lot zoned for multiple-faxtlly
residential use into any part of Biscayne
Bay or other waterway which is in excess of
one thousand feet in width, a distance no
greater than one hundred twenty-five feet and
may extend from a lot zoned for business use
into Biscayne Bay or other waterways a
distance not greater than two
hundred fifty feet. It is further provided that any
boat, ship or vessel of any kind shall not be docked or
moored so that its projection into the waterway would
be beyond the permissible projections for such docks,
wharves, dolphin poles, mooring piles or other
structures.- without holding a public hearing as
provided in section 7-66.1, and with special permission
and recommendation of the Marine Authority and approval
by the City Commission.
Permits for erection of any of the above facilities
must be obtained from the building inspection division,
the state internal improvement fund, if necessary, and
if abutting navigable streams, the approval of the U.S.
Corps of Engineers must be secured. (Ord. No. 75-2050 ,
§1. )
SECTION 2.
That a new section 7-66.1 of the Code of the City of
Miami Beach be created to read as follows:
Sec. 7-66.1. Notice of Public Hearings and
Fee Schedule
a) The Marine Authority shall not recommend or
grant permission for any variance to provisions
specified in Section 7-66 without holding a
public hearing.
b) It shall be the responsibility of the
property owner requesting the variance to:
1) notify by mail the owners of
record of land lying within 375
feet of the property of the date
time and nature of the hearing,
including the use, construction or
alteration of what is being
proposed.
2) conform to all state, county and
municipal building codes and
regulations applicable to the
request.
3) obtain a permit from the City of
Miami Beach.
c) The fee schedule set out below is established
for the purpose of defraying expenses of
public notices, postage, printing,
determining the impact of the request and
other administrative costs. Such fees shall
be:
1) Permits in single family zoned
zoned areas: $100 .00
2) Permits in multi family and
business zoned areas: $400 .00
SECTION 3: REPEAL.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
-2-
SECTION 4: SEVERABILITY
If any article, section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 5: EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption in
accordance with law on Marrh 10 , 1985.
PASSED and ADOPTED this ?nth day of
March , 1985.
MAYOR
ATTEST:
Ir
CITY C `�' '
1st Reading - March 6, 1985
2nd Reading - March 20, 1985 (as amended)
Requested by: Miami Beach Marine Authority
FORM APPROVED
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