HomeMy WebLinkAboutOrdinance 97-08
ORDINANCE NO. ~
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 SUBSTITUTED 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;
WHEREAS, Section 803 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 City Commission, all County
Codes, Ordinances and Resolutions in effect of the date of the adoption of the Charter to the
extent applicable to the City shall remain in full force and effect as Municipal Code Ordinance and
Resolution of the City; 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 fmding 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
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WHEREAS, it was necessary to enact this Ordinance to facilitate this process on an
emergency basis and it was so adopted by Emergency Ordinance 97-1 now necessitating the
Commission to re-adopt same on a regular basis;
NOW THEREFORE IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. SubstitutionoIn 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
City 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 decision making 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 20 Administrative Review. Notwithstanding the foregoing, Metropolitan Dade
County shall provide staff services with respect to building and zoning functions until such time
as a formal agreement between the City and the County is negotiated.
Section 30 Applicability 0 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 803 of the Charter shall remain in full force and effect until
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otherwise modified or replaced by the City Commission.
Section 40 Effective Date. This Ordinance shall be effective ten days after adoption on
second reading.
Section 50 Interlocal Aireement. The City and the County shall enter into an interlocal
agreement regarding the delivery of these services to the City.
Section 60 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 parto
FIRST READING on 25th day of September, 19970
SECOND READING: PASSED AND ADOPTED on
r, 1997.
DAVID SAMSON , MAYOR
ATIEST:
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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Lynn Mo Dannh~~
City Attorney 0''''''"
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Moved By: Commissioner Kauffinan, Seconded By: Vice M~or Turetsk;y
The motion was approved by a vote of 5-0 in favor:
Mayor David Samson (yes) t/
Vice Mayor Irving Turetsky (yes) t/
Commissioner Lila Kauffman (yes) t/
Commissioner Daniel Iglesias (yes) t/
Commissioner Connie Morrow (yes) t/
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