Loading...
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 Sections 33B-44 through 33B-47 be and the same are hereby are repealed by the City Commission of the City of Sunny Isles Beach and all severable use rights acquired by developers shall not be transferable or used in any manner to secure development bonuses within the corporate limits of the City of Sunny Isles Beach and are no longer applicable within the City.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 - 2 - AT~ST: (' , :~~~A. . o,lJ. '" . " :fY CLERK . ,\. II; ..'".'.' _ .. ~ ,. '-'- -~ [f .:\ ; ,~.;~.\ .\'), ~\~~~ ~~!O FORM AND LEGAL SUFFICffiNCY . ~,,,,~. .... . (J,..... . . 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 - 3 -