Loading...
Ordinance 97-30851 • ORDINANCE NO. 97-3085 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 24, ENTITLED "NOISE"; SECTION 24-5, ENTITLED "TEMPORARY PERMITS", BY PROVIDING STRICTER LIMITATIONS ON THE HOURS AND LOCATIONS WITHIN WHICH CONSTRUCTION ACTIVITIES MAY OCCUR; BY AMENDING THE PROVISIONS RELATING TO EXCEPTIONS WHEN THE BUILDING OFFICIAL MAY AUTHORIZE CONSTRUCTION ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, unreasonable loud and raucous noise can have adverse effects on the health of residents of the City of Miami Beach; and WHEREAS, citizens have expressed to the City Commission their desire for protection from uninvited noise in their homes which disturbs family privacy and domestic tranquility; and WHEREAS, the City of Miami Beach includes several long established residential buildings, hotels and neighborhoods wherein the residents have been unreasonably disturbed by excessive construction noise on numerous occasions; and WHEREAS, the City of Miami Beach strives to protect its residents from unreasonably loud noise; and WHEREAS, previously adopted ordinances limiting the hours within which construction may be permitted have been insufficient to protect the public from the enjoyment of their homes and residences. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 24-5 OF CITY CODE CHAPTER 24 That Section 24-5 of City Code Chapter 24 is amended as follows: Sec. 24-5. Temporary Permits. (a) The City Manager or his designee is hereby authorized to issue a temporary permit to allow noise prohibited by Section 24-2 and 24-4 when produced by a temporary use or activity 1 which does not significantly endanger the health, safety or welfare of the neighborhood. The City Manager or his designee may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted hereunder shall contain all conditions upon which the permit has been granted including the period of time for which the permit has been granted. Such relief may be granted in the following situations: 1) Code Compliance in Progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant. Such permits may be granted for a period of time not to exceed ten (10) days. 2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Sections 24-2 and 24-4; provided that 1) all equipment shall be operated in accordance with manufacturer's specifications, and 2) shall be in good repair, and 3) shall utilize all noise baffling methods as specified by the manufacturer, and further provided that such activities shall occur only as follows: a. between the hours of 7:30 A.M. and 6:30 P.M. on any day in areas zoned as CCC. GU, I1, MR, CPS -1, CPS -2. CPS -3. CPS -4. RO, WD - 1. WD -2. GC. HD. MXE. CD -1. CD -2. and CD -3. b. between the hours of 8:00 A.M. and 6:00 P.M. on weekdays and 10:00 A.M. and 4:00 P.M. on Saturdays in areas zoned as RM -1, RM -2, RM -3, RMPRD, RPS -1, RPS -2, RPS -3. RPS - 4, RMPS-1, RS -1. RS -2, RS -3, RS -4, TH, and in any exclusively residential zoning district not otherwise specified herein. NQ construction shall be permitted on Sundays or on national holidays. Notwithstanding the above, the Building Official may authorize the -pouring of concrete any construction activity at a particular site within a zoning district set forth in subparagraph 2(a) above hour earlier than 7:30 A.M. Under 2 emergency circumstances only, the Building Official may authorize any necessary construction activities earlier than 8:00 A.M. and/or later than 4:00 P.M. on any day within a zoning district set forth in subparagraph 2(b) above. The work authorized by the Building Official pursuant to this paragraph may be conditioned upon erne week's notice to surrounding neighbors property owners and tenants. Such permits may be granted for a period of time not to exceed three (3) consecutive days. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 12th day of PASSED and ADOPTED this 2nd day ATTEST: CR 0 tAm.3--- CITY CLERK DrIlkw(F:\ATTOITURNIRESOS\NO1SEAMD.OR3 ) 1st reading 6/18/97 2nd reading 7/2/97 3 July Jul 997. , 1997. YOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4,104 6./a4q2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:fti.miami-beach.fl. us COMMISSION MEMORANDUM NO. 4-I 55 97 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Jose Garcia -Pedrosa SUBJECT: AN ORDINAN Si' OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 24, ENTITLED "NOISE"; SECTION 24-5, ENTITLED "TEMPORARY PERMITS", BY PROVIDING STRICTER LIMITATIONS ON THE HOURS AND LOCATIONS WITHIN WHICH CONSTRUCTION ACTIVITIES MAY OCCUR; BY AMENDING THE PROVISIONS RELATING TO EXCEPTIONS WHEN THE BUILDING OFFICIAL MAY AUTHORIZE CONSTRUCTION ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. City Manager DATE: July 2, 1997 RECOMMENDATION: It is recommended that the Mayor and City Commission approve the ordinance on second reading. BACKGROUND: The Mayor and City Commission requested that the City Attorney draft an amendment to provide for stricter limitations on construction activities within the City, particularly in residential areas. The City Attorney drafted the ordinance. It was reviewed by the Administration and then reviewed at the Land Use and Development Committee. The Land Use and Development Committee recommended changes to the draft after hearing the concerns from several groups that are developing projects in the Collins Avenue/Loews Hotel area (letters attached). At its June 18th meeting, the Commission passed the ordinance as modified, addressing the concems of the groups that had spoken at the Land Use and Development Committee. ANALYSIS: In consideration of the fact that the Commission's primary concern was to protect residential areas, the Land Use and Development Committee directed the Administration to revise the ordinance draft to place the restrictions in zoning districts that are exclusively p /� residential. AGENDA ITEM ' l S A DATE In addition, they directed that provisions be added within those districts to allow the Building Official to permit work outside of the hours specified only in emergency situations. CONCLUSION: It is recommended that the Mayor and City Commission approve the ordinance on second reading. JGP:HSM/jph Attachments