LPA Reso 2007-48 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA nON AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS Policy 16C. A vested rights determination shall not preclude the City from mandating that the proposed development comply vvith the City land development regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination unless the development is shown to be vested with regard to the subject matter addressed by prior de'/elopment order and specific requirements pursuant to the procedures and criteria stated above in Objectives 16A and 16B. 39. Delete existing Policy 16D. as follows: Policy 16D. .\ vested rights determination shall specify an expiration date by which all building permits necessary for development shall have been issued. The expiration date shall be reasonable and, in no event, later than the date specified in the original development order. 40. Delete existing Policy 16E. as follows: Policy 16E. It is the Policy of the City of Sunny Isles Beach that neither provisions of this Plan nor the Land Development Regulations shall deprive a property owner of all reasonable economic use of a parcel of real property which is a lot or parcel of record as of the date of the adoption of the Comprehensive Plan. Accordingly, the City shall adopt a beneficial use procedure under which an owner of real property may pro'/ide for relief from the literal application of applicable land use regulations or this plan '.vhen such application would have the effect of denying all economically reasonable or ','iable use of the property unless such deprivation is shown to be necessary to prevent a nuisance under Florida law or in the exercise of the City's police power to protect the health, safety and welfare of its citizens. For the purpose ofthis Policy, all reasonable economic use shall mean the minimum use of the property necessary to avoid a taking within a reasonable amount of time as established by land use law. a. The relief to 'shieh an ovmer shall be entitled may be provided through the use of one or a combination ofthe following: i. Granting of a permit for development which shall be deducted from the permit allocation system; 11. City Purchase of all or a portion of the lots or parcels upon which all beneficial use is prohibited; lll. Such other relief as the City may deem appropriate and adequate. b. Development approved pursuant to a beneficial use determination shall be consistent with all other objectives and policies of the Comprehensive Plan and Land Development Regulations unless specifically exempted for such requirements in the beneficial use determination. 41. Delete existing Policy 16F. as follows: Policy 16F. Approvals Not Specifically Depicted on the Future Land Use Map. Many existing uses and zoning classifications are not specifically depicted on the Future Land Use Map. Within each map category numerous land uses, zoning classifications and housing types may occur. This is due largely to graphic limitations and pro'/isions for a variety of uses to occur in each Future Land Use Category. Subject to the limitations pf Sunny Isles Breach Ordinance No. 98 52, all existing lawful uses and zoning appro'/als are deemed to be consistent with the comprehensi'/e plan unless such a land use or zoning (a) is found through a subsequent planning study not to conform with the conditions, criteria or standards for approval of such a use or zoning in the applicable Future Land Use map category; (b) by use or zoning is or would be incompatible with, or has, or would have an unfavorable effect on the surrounding area in terms of impact on government facilities or resources, impact on environmental resources, or would tend to create a nuisance; and (c) the implementation of such a finding will not result in a temporary or permanent taking or in the abrogation of vested rights as set forth in this Objective. 15