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HomeMy WebLinkAboutOrdinance 97-01 -, ~ ORDINANCE NO. 97-1 AN EMERGENCY ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ADOPTING PURSUANT TO SECTIONS 8.3 AND 8.9 OF THE MUNICIPAL CHARTER AN INTERIM ORDINANCE WITH RESPECT TO THE METROPOLITAN DADE COUNTY ZONING CODE TO ADOPT SAME FOR THE CITY WITH THE MODIFICATION THAT "CITY OF SUNNY ISLES BEACH" BE SUBSTITUTED FOR ANY REFERENCE TO "METROPOLITAN DADE COUNTY" AND "COMMISSIONERS OF THE CITY OF SUNNY ISLES BEACH" BE SUSTITUTED FOR BOARD OF COUNTY COMMISSIONERS, DIRECTOR OF BUILDING AND ZONING, AND COMMUNITY ZONING APPEALS BOARD"; PROVIDING CONFIRMATION THAT STAFF SERVICES WILL CONTINUE TO BE PERFORMED BY DADE COUNTY; PROVIDING CHAPTER 33 "ZONING" OF THE DADE COUNTY CODE IS ADOPTED BY THE CITY OF SUNNY ISLES BEACH; PROVIDING EFFECTIVE DATE; DECLARING AN EMERGENCY; PROVIDING FOR SEVERABILITY. WHEREAS, Section 8.3 and 8.9 of the Charter of the City of Sunny Isles Beach provides that until otherwise modified or replaced by the Charter, or by the Village Council, all County Codes, Ordinances and Resolutions in effect of the date of the adoption of the Charter to the extent applicable to the Village shall remain in full force and effect as Municipal Code Ordinance and Resolution of the Village; and WHEREAS, there are pending zoning applications at the County concerning property that is now within the corporate limits of the City of Sunny Isles Beach, and therefore there is an immediate need to accept jurisdiction with respect to those applications, and WHEREAS, pursuant to Section 4.4 of the Charter of the City of Sunny Isles Beach, an emergency ordinance may be enacted upon a finding of emergency affecting life, health, property or public peace; and WHEREAS, until otherwise agreed, Metropolitan Dade County will provide staff services with respect to Building and Zoning functions and services until such time as a formal agreement has been reached on the transition of Building and Zoning functions and services from Metropolitan Dade County to the jurisdiction of the City of Sunny Isles Beach; and WHEREAS, it is necessary to enact this Ordinance to facilitate this process; MIAMI:F:\DOCS\LMD\RE\64200. 1 :8/13/97 (I 1 :23am) ~ NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Substitution. In accordance with Section 8.3 and 8.9 of the Charter of the City of Sunny Isles Beach, Chapter 33 "Zoning" of the Dade County Code as made applicable to the Village pursuant to the above-referenced section of the Charter, is hereby amended to substitute the City of Sunny Isles Beach in the place and stead of the term "Metropolitan Dade County", and shall substitute the "Commissioners of the City of Sunny Isles Beach" for every reference to the Board of County Commissioners, the Director of Building and Zoning and Community Zoning Appeals Board, with the intention being that all zoning review and decisionmaking be within the jurisdiction of the Commissioners of the City of Sunny Isles Beach and that no determinative action occurs with respect to any property located within the corporate limits of the City of Sunny Isles Beach except by the Commissioners. Section 2. Administrative review. Notwithstanding the foregoing, Metropolitan Dade County shall provide staff services with respect to building and zoning functions until such time a formal agreement between the Village and the County is negotiated. Section 3. Applicability. Except as otherwise provided herein the provisions of Chapter 33 "Zoning" of the Dade County Code is made applicable to the City of Sunny Isles Beach. To the extent required by Section 8.3 of the Charter shall remain in full force and effect until otherwise modified or replaced by the Village Council. Section 4. Statement of Emergency. Because of the differential in time between the date of incorporation and the seating of the Council, there are numerous applications that are in limbo and the Council hereby declares that a public emergency exist pursuant to Section 4.4 of the MIAMI:F :\DOCS\LMD\RE\64200. 1 :8/13/97 (I 1 :23am) ... Charter of the City of Sunny Isles Beach. The Mayor is hereby authorized to execute all documents necessary to effectuate agreements specified in this ordinance. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. PASSED AND ADOPTED on 7th day of AUgu:;z DA~D~~rr Attest: ~~k~ Approved As to Form and Legal Sufficiency ~ -.;. /....- - ." Village Attorney Moved by: ~!'~o..~Y 7~s~ ." ....,.# '. <,;".." - .......:: 1 Second bY~~(~~ ~~ VOTE AS:Ff)):{h.C}>Ws:. 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