HomeMy WebLinkAboutOrdinance 97-09
ORDINANCE NO. 97-9
AN ORDINANCE OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA REPEALING SECTIONS 33B-44
THROUGH 33B-47 OF THE CODE OF METROPOLITAN
DADE COUNTY; RE-ADOPTING CHAPTER 33 OF THE
CODE OF METROPOLITAN DADE COUNTY; REPEALING
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABD...ITY; PROVIDING FOR INCLUSION INTO THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, by virtue of its Charter adopted by ballot of
the electorate on a special election held on June 16, 1997, has unless otherwise modified or
replaced, adopted on an interim basis, all Codes, resolutions and ordinances of Dade County in
effect on the date of the adoption of the Charter, to the extent applicable to the City; and
WHEREAS, the City has determined that, as a matter of policy, it does not wish to adopt
the County's legislation on severable use rights which permits developers to secure a bonus for
development pursuant to Sections 33B-44 through 33B-47 of the Code of Metropolitan Dade
County Board and further asserts since incorporation of the City of Sunny Isles Beach, such
provisions may not be applicable, in any case, to the City; and
WHEREAS, the City recognizes there may be applicants who have filed applications for
permits and/or zoning applications prior to the effective date of this Ordinance who may have
relied on hislher ability to avail him/herself of these severable use rights in the City of Sunny Isles
Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. All recitals are incorporated herein
by reference.
SECTION 1. REPEAL OF SECTIONS 33B-44 THROUGH 33B-47 OF THE CODE OF
METROPOLITAN DADE COUNTY. Sections 33B-44 through 33B-47 be and the same are
hereby are repealed by the City Commission of the City of Sunny Isles Beach and all severable
use rights acquired by developers shall not be transferable or used in any manner to secure
development bonuses within the corporate limits of the City of Sunny Isles Beach and are no
longer applicable within the City. All other sections of the Dade County Code that refer to
or relate to these cited sections shall also not be applicable within the City.
SECTION 2. Chapter 33 of the Code of Metropolitan Dade County. Except as modified by
Ordinance 97-1, and except as set forth in Section 1 hereinabove and any future modifications
that may hereafter be adopted, Chapter 33 of the Code of Metropolitan Dade County is
hereby re-adopted in its entirety and shall be applied in the City of Sunny Isles Beach.
Section 3. REPEAL OF CONFLICTING PROVISIONS. All provisions of the Code of
Metropolitan Dade County as made applicable to the City by Article VIII, Sections 8.3 of the
City Charter which are in conflict with this Ordinance are hereby repealed.
Section 4. 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.
Section 5. INCLUSION IN THE CODE. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of the
City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or
re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. EFFECTIVE DATE. This Ordinance shall be effective ten days after adoption on
second reading and shall not apply to any person who has a pending zoning or permit
application with Dade County for property within the City of Sunny Isles Beach at the time
of the first reading of the Ordinance. After this date, no further exceptions shall be made and
severable use rights shall no longer be transferable to the City of Sunny Isles Beach in
accordance with this Ordinance.
ORD97-9
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AT~ST:
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L M. DANNHEISSER
CITY ATTORNEY
Moved By: Vice Mayor Turetskv, Seconded By: Commissioner Iglesias.
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/
(no )_
(no )_
(no)_
(no )_
(no)_
0RD97-9
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