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.
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