HomeMy WebLinkAboutOrdinance 98-40
ORDINANCE NO. 98-10
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
PROVIDING FOR A MORATORIUM ON THE FILING AND
CONSIDERATION OF ZONING APPLICATIONS WITH CERTAIN
EXCEPTIONS; PROVIDING FOR A BUILDING MORATORIUM ON THE
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS
AS DEFINED BY SECTION 163.3164, FLORIDA STATUTES (1995) WITH
CERTAIN EXCEPTIONS; PROVIDING FOR WAIVERS; PROVIDING A
TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEAL;
PROVIDING FOR MODIFICATION TO EXEMPT DEVELOPMENT;
PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES;
PROVIDING FOR REPLACEMENT OF MORA TORIUM PROVISIONS OF
SECTION 33-319, ET SEQ., OF THE CODE OF MIAMI-DADE COUNTY
WITH THE SPECIFIC MA TTERSADDRESSED HEREIN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has issued a Request for Proposals for the employment of a
planning consultant, who, along with staff, will begin preparation of a comprehensive plan for the City in
accordance with Section 163.3177, Florida Statutes (the "Comp Plan") which plan, upon implementation,
will serve to guide, control and determine land use, development and growth in a manner that is protective
of the public health, safety and welfare and the aesthetic and visual qualities of the City so that they are
further enhanced and protected from impairment by incompatible uses; and
WHEREAS, the City Commission, while attempting to live within the confines of the zoning code
and the master plan of Miami-Dade County as it was inherited by the City, now desires to ensure that,
during the pendency of the necessary study activity now to be undertaken for the formulation and
implementation of the Comp Plan, that zoning applications and additional development orders and building
permits are not issued within the corporate boundaries of the City in order that the Comp Plan, once
prepared, will be implemented in a fully effective manner in order to accomplish its purposes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Moratorium imposed.
(A) Zoning Moratorium. During the term discussed in Section 3. below, there shall be
a moratorium on the acceptance and consideration of zoning applications, except for the following:
1.
Administrative variances and substantial compliance determinations.
Moratorium Ord.
-1-
2. Non-use variances related to previously existing structures provided there is no
increase in floor area or height of such structures.
3. Applications relating to single family residential homes.
4. City or other governmental agency initiated applications.
(B) Building Moratorium. During the term discussed in Section 3. below and in addition to
paragraph (A) hereinabove, there shall be a moratorium on the issuance of development orders and
development permits as defined in Section 163.3164, Florida Statutes ( 1995) (collectively "development
orders") within the City except for the following:
1. Buildings and structures constructed by a regulated public utility for the purpose
of providing utility services.
2. Renovations and repairs of existing structures where there is no increase in floor
area or height of such structures.
3. Permits for City or other governmental agencies as to building permits.
4. Revisions to active building permits.
5. Permitted structures within the BUDistrict where the underlying comprehensive
plan designation is "business! office" and where no approvals at public hearings are
required for the use therein.
6. New or altered single family structures.
(C) Inapolicability. The moratorium as described in Subparagraphs (A) and (B)shall not be
applicable to any property for which applications for zoning (with site plan approvals) have been submitted
prior to June 3, 1998 and as to any building permits which relate to applications for zoning submitted prior
to June 3, 1998 for which development was authorized.
Section 2. Waivers. In addition to the exemptions in Section 1. of this Section, upon application by
a property owner, the City Commission, after public hearing, may grant waivers to the moratorium and
authorize either the consideration of a zoning application or the issuance of development orders where it
determines that the action will not contravene the purpose of this Ordinance and will not, in the discretion
of the City Commission, materially reduce the existing capacity of public services.
Section 3. Term. The moratorium imposed by this Ordinance is temporary and shall be effective for
a period of 180 days from adoption hereof unless dissolved earlier by the City Commission. Further, the
Moratorium Ord,
-2-
moratorium shall automatically dissolve upon the adoption of the Comp Plan the formulation and adoption
of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary, but
only until the completion of final non-appealable adoption of a comprehensive plan for the City pursuant
to Chapter 163, Florida Statutes (1995).
Section 4.
Vested Rights.
(A) Nothing in this Ordinance shall be construed or applied to abrogate the vested rights
of a property owner to complete development where the property owner can demonstrate each of the
following:
1. A governmental act of development approval which was obtained prior to the
effective date of this Ordinance; and
2. The property owner has detrimentally relied, in good faith by making substantial
expenditures; and
3. That it would be highly inequitable to deny the property owner the right to
complete the development.
(B) Except as provided in Paragraph (C) of this Section, any property owner claiming to
have vested rights under this Section 4, must file an application with the City Commission for vested rights
determination within ninety (90) days after the effective date of this Ordinance, provided however, in the
event the term of the moratorium is extended beyond the term provided in Section 3, hereinabove, the filing
period for vested rights shall ensue again for a period of ninety (90) days from such extension. The
applicant shall present a detailed description of the existing or pending vested rights for the particular
development in question including the period of time for which the applicant claims rights are vested in any
and all conditions and limitations applicable to the asserted existing or pending application for vested rights
to develop. The application shall be accompanied by a fee of $2,500.00, and contain a sworn statement
as the basis upon which the vested rights are asserted together with documentation required by the City
and other documentary evidence supporting the claim. The City Commission shall hold a public hearing
on the application and based upon the evidence submitted shall make a determination as to whether the
owner has established vested rights.
(C) Any property owner claiming to have vested rights by virtue of a governmental act
of development approval obtained prior to the date of incorporation of the City need not follow the
procedure authorized in the paragraph above. Rather, and in lieu of said procedure, the following
procedure shall apply:
1.
The property owner claiming such vested rights shall file an application with the
City Manager for a vested rights determination within ninety (90) days after the
Moratorium Ord,
-3-
effecti ve date of this Ordinance. The application shall be accompanied by a fee
of $50.00 and contain a sworn statement as to the basis upon which the vested
rights are asserted together with documentation required by the City and other
documentary evidence supporting the claim. The City Manager or his designee
shall review the application and based upon the evidence submitted shall make a
determination as to whether the property owner shall established vested rights.
2. The City Manager's decision shall be subject to appeal to the City Commission
by notice of appeal filed with the City Clerk within ten (10) days of the City
Manager's written decision.
Section 5. Appeals. Appeals from the final decision under Section 2 or Section 4 of this Ordinance
shall be by the filing of a petition for certiorari in the circuit court of the eleventh judicial circuit in and for
Dade County in accordance with the Florida Rules of Appellate procedure for the review of quasi-judicial
rulings of municipal corporation.
Section 6. Modification to Exempt Development. Within 120 days of final determination of
vested rights under Section 4. above, a property owner shall have the right to file an application requesting
a modification to the vested or exempt development notwithstanding the moratorium imposed by this
Ordinance. In considering such applications the Commission shall apply all established criteria and land
development regulations then in effect, including applicable concurrency regulations. This right to apply for
modification does not in any manner vest any rights and such application shall be considered new
applications subject to de novo proceedings.
Section 7. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance
as applied constitutes or would constitute a temporary or permanent taking of private property or an
application of vested rights may pursue such claim in court unless he or she has first exhausted the
Administrative remedies provided in this Ordinance.
Section 8. Replacement of Miami-Dade Countv Code - Moratoria Provisions for a Specific
Matter. Notwithstanding the issuance of any administrative moratoria by the City Manager in accordance
with the Code of Miami-Dade County, this Ordinance shall replace that administrative moratorium and the
provisions of Section 33-319, et seq., of the Miami -Dade County Code concerning building and zoning
moratoria.
Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption on
second reading.
Section 10. 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 invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and
Moratorium Ord,
-4-
phrases of this Ordinance but they shall remain in effect, it being the legislati ve intent that this Ordinance
shall stand notwithstanding the invalidity of any part.
PASSED AND ADOPTED on first reading the 25th day of June, 1998.
PASSED AND ADOPTED on second reading this ,(, ~ day f
,1998.
ATTEST:
~~~L\~
,\, ;
,Richa:dBrown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: ~(.--' ~~~
Seconded by: ~ ..'..-rlJ"r4N'" 1~
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
/ (Yes)
V' (Yes)
L(Yes)
~(Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Moratorium Ord,
-5-