Ordinance 98-52 - Laserfiche WebLink

Home Browse Search

1. The Department of Building and Zoning shall not issue any type of permit based upon any action of the City Commission until after a final decision has been rendered by that Commission, and/or in the event of an appeal, a final decision by a court of competent jurisdiction, provided however, a temporary conditional certificate may be issued prior to the final decision if the Director of the Department can first establish that withholding of the same would cause imminent peril to life or property and then, only upon such conditions and limitations including the furnishing of an appropriate bond as may be deemed appropriate by the Director. 11. The City Commission of the City of Sunny Isles Beach may proscribe a reasonable time limit within which action on any request for a variance( use or non-use), special exception, new use, special permit or unusual use within which action is required shall be begun or completed or both. However, ifno time limit is specified by the Commission, then approval of such request shall expire in one (1) year from the date granted, unless a building permit, other than a foundation or permit for the construction of a temporary structure, which is based upon and incorporating the request is issued within the aforementioned one (1) year period and construction has begun thereunder. Failure on the part of the applicant to have a permit issued (and construction begun thereunder) within the applicable time period shall cause the application for change of zoning to terminate at the expiration of said one (1) year period, unless extended by the City Commission after a public hearing on same. 111. With respect to all approvals of Miami-Dade County (and subsequently from the City of Sunny Isles Beach) for any variance, use and non use, special exception, new use, special permit or unusual use secured prior to the effective date of this ordinance, a building permit must issue and construction have begun thereunder within two (2) years from the effective date of this Ordinance. For purposes of this section, construction must be progressively and continuously carried to conclusion. In the event building permit has not issued and construction has not yet begun thereunder within the two (2) year time limit, such approval shall lapse and be deemed invalid. B. Special Notice Provisions. The City Clerk is hereby directed over the next two (2) years following the passage of this Ordinance to advertise quarterly in the Neighbors Section of The Miami Herald all such prior approvals of variances, special use and non use, special exceptions, new uses, special permits or unusual uses granted prior to the passage of this Ordinance shall be amortized during this two (2) year period. Section 2. Vested Rights (A) Nothing in this Ordinance shall be construed or applied to abrogate the vested rights of a property owner to complete development where the property owner can demonstrate each of the following: 1. A governmental act of development approval which was obtained prior to the effective date of this Ordinance; and