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2003-3412 OrdinanceORDINANCE NO. 2003-3412 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV THEREOF ENTITLED "NOISE," BY AMENDING SECTION 46-156 THEREOF ENTITLED "TEMPORARY PERMITS," BY PROVIDING FOR CONSTRUCTION HOURS FROM 7:30 A.M. TO 7:30 P.M. DURING DAYLIGHT SAVINGS TIME IN AREAS ZONED AS CCC, GU, I-l, MR, CPS-l, CPS-2, CPS-3, CPS-4, RO, WD-I, WD-2, GC, HD, MXE, CD-l, CD-2, AND CD-3; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach periodically receives requests from construction companies operating in the City of Miami Beach to allow extended hours for construction periods especially during daylight savings time; and WHEREAS, the proposed Ordinance amends the current provisions of the City Code to provide that construction would be allowed in the referenced zones which are primarily commercial in nature from 7:30 a.m. to 7:30 p.m. during daylight savings time, thereby allowing one additional hour of construction time for affected parties. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 46, of the Miami Beach City Code entitled "Environment," Article IV, entitled "Noise," Section 46-156, entitled "Temporary Permits" is hereby amended as follows: Sec. 46-156. Temporary permits. (a) The city manager or his designee is authorized to issue a temporary pemfit to allow noise prohibited by sections 46-152 and 46-155 when produced by a temporary use or activity that 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 under this article 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 article, but additional time is required for the applicant to modify his activity to comply and no reasonable altemative is available to the applicant. Such permits may be granted for a period of time not to exceed ten days. (2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with sections 46- 152 and 46-155; provided that all equipment shall be operated in accordance with manufacturer's specifications, shall be in good repair and 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. and between the hours of 7:30 a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as CCC, GU, I-1, MR, CPS-l, CPS-2, CPS-3, CPS-4, RO, WD-1, WD-2, GC, HD, MXE, CD-l, 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, RM-PRD, RPS-1, RPS-2, RPS-3, RPS-4, RMPS-1, RS-l, RS-2, RS-3, RS-4, TH and in any exclusively residential zoning district not otherwise specified in this subsection. No construction shall be permitted on Sundays or on national holidays. Notwithstanding the provisions set forth in subsections (a)(2)a and b of this section, the building official may authorize any construction activity at a particular site within a zoning district set forth in subsection (a)(2)a of this section earlier than 7:30 a.m. Under 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 subsection (a)(2)b of this section. The work authorized by the building official pursuant to this subsection may be conditioned upon notice to surrounding property owners and tenants. Such permits may be granted for a period of time not to exceed three consecutive days. (3) Special events and film and print permits. When the applicant seeks to hold a special event or film and print production, or other activity, and has met all of the city's requirements for obtaining such permit as set forth in applicable regulations, resolutions or ordinances and the activity or special event cannot be performed or held in a manner that would comply with sections 46-152 and 46- 155. Except for special events and film and print productions, such permits may be issued for a period of time not to exceed three days. In lieu of a separate permit issued hereunder, the special event or film and prim pemfit may include the authorization and conditions contemplated hereunder. See section 12-1, for film and print production permits, or section 12-5, for special events. (b) Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in sections 46-159 and 46-160. (Ord. No. 95-2982, § 2(24-5), 3-22-95; Ord. No. 97-3085, § 1, 7-2-97; Ord. No. 2001-3302, § 2, 4-18-01; Ord. No. 2001-3303, § 2, 4-18-01) 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 21st day of June ,2003. PASSED AND ADOPTED this llth day of CITY CLERK mbcodetempermitord2 MAYOR June .,2003. AFfl VED AS TO & & FOR EXECUTIO CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: lAn Ordinance amending the City Code to allow construction in commercial zones during daylight savings time from 7:30 a.m. to 7:30 p.m. Issue: IShall the City amend the City Code to allow one additional hour of construction time in commercial zones during daylight savings time? Item Summary/Recommendation: The City periodically receives requests from construction companies operating in the City of Miami Beach to allow extended hours for construction periods especially during daylight savings time. The attached Ordinance amends the current provisions of the City Code to provide that construction would be allowed in the referenced zones which are primarily commercial in nature from 7:30 a.m. to 7:30 p.m. during daylight savings time, thereby allowing one additional hour of construction time for affected parties. The Administration recommends adoptin9 the Ordinance. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Robert C. Middaugh Sign-Offs: Department Director A~t.~_City Manager City Manager T: ~AGENDA~2003\jun 1103~regula r~rnbcodetem pe~ . doc' AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · L.~ www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: June 11, 2003 Jorge M. Gonzalez City Manager SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV THEREOF ENTITLED "NOISE," BY AMENDING SECTION 46- 156 THEREOF ENTITLED "TEMPORARY PERMITS," BY PROVIDING FOR CONSTRUCTION HOURS FROM 7:30 A.M. TO 7:30 P.M. DURING DAYLIGHT SAVINGS TIME IN AREAS ZONED AS CCC, GU, I-1, MR, CPS- 1, CPS-2, CPS-3, CPS-4, RO, WD-1, WD-2, GC, HD, MXE, CD-l, CD-2, AND CD-3; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The City periodically receives requests from construction companies operating in the City of Miami Beach to allow extended hours for construction periods especially during daylight savings time. The attached Ordinance amends the current provisions of the City Code to provide that construction would be allowed in the referenced zones which are primarily commercial in nature from 7:30 a.m. to 7:30 p.m. during daylight savings time, thereby allowing one additional hour of construction time for affected parties. The Ordinance was heard and approved by the City Commission on first reading of May 21, 2003. The Administration recommends adopting the Ordinance. In anticipation of approval on second reading, the Administration has proceeded to allow construction to continue for the additional hour. To date several companies have used the additional time allowed and the City has not received any adverse comments from neighboring properties. RCM/sam T:~AGENDA~003~jun1103\regular~mbcodeternperrnitmerno.doc CiTY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS FROM 7..~/LB. TO 7:30 p.M. DURING DAYLIGHT SAV1NGS T1ME IN NT-AS ~ kS CCC, GU' H' MR, C~S-1, CPS-2, CPS-3, CPS-4, RO, WD-1, WO-2, GC, HD, MXE, CD-l, CO-2, AND CO-3: Inquiries ma~ be directed to the Ci~ Msnagm~ Office at (30b~ 673-701 at 11:06 a,n~: ~10RDINAi~E MPLEMENi1NG PRO~EDDI~ES TO PROVlOE LOCAL ~CE TO MiR/~ DEACH- .N~"NgtNG CHA,~R 2 OFTHE CODE OFTHE {TITY OF MIAMI B~ ENTITtEg, 'ADMINISTRATION,' BY AMENDING ~:{TICLE ~1 THEREOF ENTTILEO, "PROCUI~IENT," BY-AMENDING DIVISION 3 ENTITLED, ~ PRO(L3XIRES," BY ~EATING SECTION 2-372; ~O~IDING FOR lnqu~'ie$ my be d~rected to ~ Procurement Dep~nent ~t (305) 6T3-7490 AN ~ AMENDING T~ t. AND DEVELOPMENT REG~tATIONS OF THE CODE OF THE ~ OF MIAMI BEACH, BY AMENDING ~ 118, "ADMINIS'iI~ATION AND P.B/1E'W ARTICLE X, "HISTONIC PRESERVATION," DIVISION 4, "DESIGNATION," BY AMENDING SE~110N 118- · 591 TO ~ REDIJREMENTS AND P~OCEDURES ,SPECIFIC TO THE INDMiXIAL DESIGNA~ON OF SINGLE FAMILY ttOM~, BY AMENDING ,*~,CTION 118-593 TO C!.~RIFT THE OB/EtOP~ENT FROCE[XINES FOR FROFE~II~ LOCATED IN THE ~.TOS-DEL-I~ HISTO~C DIS1~CT; PROVIDING at 11:15 a.m.:-, - "SIG~,' $ECI'~ 138-6~ "SIGNS LOCATED ON THE ONDERS~ OF AWNII~ OR CANOPIES," BY ADDING STANI~P,~ FOR SIGNS ON 1~£ yAANCE OF AWNIN6S OR CANOPIES; AMBIDWG SEC. 138-7,-'WINOOW SIGHS," 8Y ~ THE ~ 114 THE E)OSTIN6 8E6Ut. ATION$ FOR -"OPEW~.ODE"'I'YI~EOF SIONS;PRO~DING FOR CODIFICATION; ~ at 11:30,,,m.: ' ' MIAMI BEA(~, ~Y AMENOH4G ~ 118, 'ADMINISTRATION AND REV1EW PROCE[XIDES," ARTICLE IV, "CONDITIONAL USE PflOCEDI)I~" BY AMENDIN$ SECTION 118-193 TO AMEND THE REGUINED TIME FTW~ TO ORTAIN 'A ~LDING PE~IT AND THE PRO(:EDI,q~ FOR OBTNNING AN PROCEDURES FOR OBTAINING AN EXTE~ OF TikE; BY AMENDINU Ml~u: w, ,EOR VANP, NCE$ AND ADMINISTRATIVE AJq:,EALS," BY AMENDING SE~ 118-355 TO AMEND THE REQLBREO TIMEFRAME TO OBT~ A BUILDING pERMIT AND THE PROCEDLJP~.S FOR OBTAJNING AN EXTEN,~ON DE TIME; BY AMENDING ARTICLE X~ "HISTORIC PRESENVA~", BY AMENOIN6 SECllON 118-532 TO AMEND 'fie REQUIRED T1MEI:RAME TO OBTAIN A BUI~N6 P~,MIT AND THE PROCEDURES [:OR OBTAINING AN E:X'ITNSION OF TIME; PROVIDING FOR REPEN.EN, CODIRCATION, SEVERADILJ1~ AND AN ER:ECTNE DA1T. · V~SwsJrIwIlt] 8ag~3~egmumMqu~-- .... -- --, - .. *' ...... ~-~ RffvHall, lVliamiBeach, Ftodda33139. 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