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