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HomeMy WebLinkAboutOrdinance 98-28 ORDINANCE NO. 98-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RE-ENACTING EMERGENCY ORDINANCE NO. 98-20 WHICH AMENDED ORDINANCE NO. 97-1 OF THE CITY OF SUNNY ISLES BEACH TO FURTHER AMEND CHAPTER 33 "ZONING" OF THE CODE OF MIAMI DADE COUNTY TO SUBSTITUTE JURISDICTION AND CERTAIN DEFINED TERMS; PROVIDING FOR POSTING OF NOTICES; AMENDING NOTICE AND ZONING HEARING REQUISITES AS SET FORTH IN SECTION 33-310 OF THE CODE, INCLUDING SUBSTITUTE PROVISION FOR MAILED NOTICES, STAFF RECOMMENDATIONS, AND PUBLISHED NOTICES; PROVIDING FOR ADOPTION OF COUNTY ZONING APPLICATION FEE SCHEDULE BY THE CITY; PROVIDING FOR CONTINUED APPLICABILITY OF CHAPTER 33 OF THE CODE EXCEPT AS OTHERWISE MODIFIED HEREIN OR HEREAFTER; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 97-1 of the City of Sunny Isles Beach passed and adopted as an emergency Ordinance on August 7, 1997, the City of Sunny Isles Beach assumed jurisdiction of all decision-making with respect to zoning applications of any nature whatsoever concerning property that is within the corporate limits of the City of Sunny Isles Beach, substituting the "City" for every reference to the County, its Boards or officers. WHEREAS, pursuant to the Interlocal Agreement by and between Miami Dade County and the City of Sunny Isles Beach, in accordance with notice provision set forth in said agreement, the City of Sunny Isles Beach on January 23, 1998, by hand-delivered notice to Miami-Dade County, advised that, as of March 2, the City shall assume all functions of the Planning Development and Regulation Department of Miami-Dade County, and at such time as transition is fully made, all applications relating to zoning matters and within the scope of Chapter 33 of the Code of Miami- Dade County shall be accepted, reviewed and decided by the City; WHEREAS, on February 26, 1998, pursuant to Section 4.4 of the Charter of the City of Zoning Amendment Ordinance 1 Sunny Isles Beach, the City Commission adopted Ordinance No. 98-20 as an emergency ordinance, modifying the notice and hearing provisions as required in Section 33-310 of the Code of Miami Dade County, in connection with any new applications filed with the City Commission of the City of Sunny Isles Beach; and WHEREAS, pursuant to Section 4.4 of the Charter of the City of Sunny Isles Beach, the City Commission desires to re-enact Ordinance No. 98-20 under regular procedures. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOW: Section 1. Incoq>oration of Recitals. The recitals set forth above are incorporated into this ordinance as if they were fully set forth herein. Section 2. Substitution of Jurisdiction and Terms. (A) In accordance with Sections 8.3 and 8.9 of the Charter of the City of Sunny Isles Beach, Chapter 33 "Zoning" of the Code of Miami Dade County (the "Code") as made applicable to the City pursuant to the above-referenced section of the Charter and as further modified by Ordinance 97-1 of the City of Sunny Isles Beach, said Code and Ordinance are hereby amended to substitute the "City of Sunny Isles Beach" in the place and stead of the term Metropolitan or Miami Dade County, and shall substitute the "Commissioners of the City of Sunny Isles Beach" for every reference to the Board of "County Commissioners" and "Community Zoning Appeals Board" with the intention that all zoning review and decision-making previously made by such Boards shall now be within the jurisdiction of the Commissioners of Zoning Amendment Ordinance 1 -2- Section 3. the City of Sunny Isles Beach and that no determinative action (other than administrative action to be taken by City Manager, or his designee) shall occur with respect to any property located within the corporate limits of the City of Sunny Isles Beach except by the City Commission. (B) Jurisdiction of, and all decisions provided by Chapter 33 "Zoning" of the Code previously made by the Director of the Department of Planning, Development and Regulation of Miami Dade County, as assumed on an interim basis by the City Commission per Ordinance 97-1, shall now be assumed by the Building Official in coordination with Zoning Code Administrator. Any reference in the Code to "Director" of the Department of Planning, Development and .Regulation shall hereinafter mean and refer to the "Building Official" of the City of Sunny Isles Beach. Any reference to the "Department of Planning, Development and Regulation" shall mean and refer to the "Department of Planning, Building and Zoning" of the City of Sunny Isles Beach. Except for DERM, the City shall now provide all staff services with respect to Planning, Building and Zoning functions. Any reference to the "County Manager" shall hereby be substituted with the term "City Manager." Posting of Notices. No later than twenty (20) days prior to the hearing on any application filed with the City of Sunny Isles Beach pursuant to Section 33-304 of the Code, a notice shall be posted in a manner conspicuous to the public, by a sign or signs containing information, including but not limited to the applied for zoning action and the Zoning Amendment Ordinance 1 -3- Section 4. proposed time and place of the public hearing. Amended Notice and Hearing Prerequisites. Section 33.310 of the Code relating to notice and hearing prerequisite for any application filed with the City of Sunny Isles Beach pursuant to Section 33-304 or 33-309 of the Code is hereby amended to provide as follows: (A) Mailed Notice. When an application as prescribed by Section 33-304 and 33-309 of the Code of Miami Dade County as applicable to the City of Sunny Isles Beach has been filed with the City, the Building Official shall, no later than fifteen (15) days prior to the hearing, and at the cost of the applicant, provide mailed notice of the filing and the proposed hearing date to all property owners of record, as reflected on the Dade County Property Appraiser's Tax Roll as updated, within a radius of five hundred (500') ofthe property described in the application or such greater distance as the Building Official may prescribe. The notice shall include the applicant's name, the processing number, the property size, the location (and street address, if available), a general description of the action requested in the application and a statement that the application was filed and is being reviewed by the City's Planning, Building and Zoning Department. The persons mailing the notice provided herein shall attach an affidavit to the applications filed, setting forth compliance with this subsection. Failure to mail this written notice as provided herein, shall not render voidable any hearing held on this application. Zoning Amendment Ordinance! -4- (B) Written Recommendations. Written recommendations ofthe Department of Planning, Building and Zoning Department shall be prepared and shall not be considered final earlier than fifteen (15) days prior to the public hearing in order to afford the public full opportunity to provide information to the staff prior to the recommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the City evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons. (C) Published Notice. No action on any application shall be taken by the City Commission until a public hearing has been held, upon notice of the time, place and purpose of such hearing. Except as provided in Chapter 163 and 166, Florida Statutes (1995), notice shall be provided as follows: (1) Said notice shall be published once in a newspaper of general circulation in Dade County, as follows: (a) a full legal notice, to be published no later than twenty (20) days and no earlier than thirty (30) days prior to the public hearing, to contain the date, time and place of the hearing, the property's location (and street address, if available) and legal description, and nature of the application, including all specific variances and other requests; and (b) a layperson's notice, not less than thirty (30) days prior to the public hearing, to contain the same information as the above described full legal notice except that the property's legal description may be omitted and the nature of the application and requests contained therein may be summarized Zoning Amendment Ordinance 1 -5- Section 5. in a more concise, abbreviated fashion. The layperson's notice may be published in a local newspaper distributed only in the area where the property subject to the application lies. (D) The Building Official shall have the discretion to expand any of the notice provisions contained in this section to provide more information if deemed appropriate but failure to adhere to expanded notice shall not render any hearing voidable. (E) All costs of advertising, mailing and posting shall be borne by the applicant. If , after mailed notice has been sent and/or newspaper notice has been noticed and published, the applicant either amends his application or is granted a deferral at the time at which the public hearing on the matter was to have been held, the applicant shall be responsible for the cost of repeat mailed and published notice as required in accordance with this Ordinance. Fee Schedule for Application. The Fee Schedule for all applications submitted directly to the City of Sunny Isles Beach shall be identical to the County Zoning Application Fee Schedule on the date of adoption of this Ordinance except all checks shall be made payable to the "City of Sunny Isles Beach." Further amendments of the Fee Schedule may be adopted by subsequent resolution. Section 6. Applicability. Except as otherwise provided herein or hereafter, provision of Chapter 33 "Zoning" of the Code as made applicable to the City of Sunny Isles Beach and to the extent required by Section 8.3 of the Charter shall remain in full force until otherwise modified or replaced by Zoning Amendment Ordinancel -6- the City Commission. Section 7. Repeal of conflicting Provisions. Any other sections of Chapter 33 "Zoning" of the Code as made applicable to the City pursuant to Section 8.3 of the Charter of the City of Sunny Isles Beach in conflict with the provisions of this Ordinance are hereby repealed. Section 8. 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 9. Effective Date. This Ordinance shall become effective ten (10) days after second reading. PASSED AND ADOPTED upon first reading the 12th day of March, 1998. PASSED AN ADOPTED upon second reading this IDay of tJ\t\A~ ATTEST: olI. ....., ~~J ~~~ll 10- Richard Brown"'Moril1a,(.c~elerlc Zoning Amendment Ordif\ancel . .1 -7- . , APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ~~ - ../- . Lynn . Dan;heisser, City Attorney Motion on second reading by: ~'M..W\.~ ) ~ \ ~ ku.u..~"-'v\ Second on second reading by: ~vW ~~\ IN\eX ~V'crW Vote: Mayor Samson Vice-Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Zoning Amendment Ordinance 1 /(yes) V(yes) ~yes) ~es) ~(yes) -8- _(no) _(no) _(no) _(no) _(no)