HomeMy WebLinkAboutOrdinance 97-01
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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;
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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
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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:
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Approved As to Form and
Legal Sufficiency
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Village Attorney
Moved by: ~!'~o..~Y 7~s~
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