HomeMy WebLinkAboutOrdinance 98-52
ORDINANCE NO. 98- S)...
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 33-317, OF THE CODE OF
MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF
THE CHARTER OF THE CITY OF SUNNY ISLES BEACH
TO PROVIDE FOR A TIME LIMIT OF ONE (1) YEAR
WITHIN WHICH A BUILDING PERMIT MUST ISSUE FOR
ANY VARIANCE, SPECIAL EXCEPTION, NEW USE,
SPECIAL PERMIT OR UNUSUAL USE, HERETOFORE OR
HEREAFTER GRANTED A ONE YEAR PERIOD;
PROVIDING FOR THE AMORTIZATION OF ALL PRIOR
APPROV ALS FOR A PERIOD OF TWO YEARS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING
FOR QUARTERLY NOTICE IN A NEWSPAPER OF
GENERAL CIRCULATION WITIDN THE CITY LIMITS FOR
THE TWO-YEAR TIME PERIOD; PROVIDING FOR
ADMINISTRATIVE PROCEDURE, RELIEF FROM THIS
ORDINANCE, APPEAL TO THE CITY COMMISSION;
PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 16, 1997, the Charter of the City of Sunny Isles Beach was approved
and. by Ordinance 97-1, the City Commission of the City of Sunny Isles Beach assumedjurisdiction
for all zoning matters with respect to properties within its corporate boundaries; and
WHEREAS, it appears following a in-depth search of the records of Miami-Dade County
numerous variances, special exception, new uses, special permits or unusual uses may have been
granted by the County of Miami-Dade prior to the incorporation ofthe City, which heretofore have
not been utilized; and
WHEREAS, the City is embarking on the creation of its own comprehensive plan and land
development regulations and wishes to establish its own set of guidelines by which various zoning
requests may be granted or denied and thus wishes to amortize prior approvals by providing
substantive and procedural due process;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1,
AMENDMENT OF SECTION 33-317.
A. Limitations on issuance of permits. Section 33-317 is hereby repealed and replaced
to read as follows:
1. The Department of Building and Zoning shall not issue any type of permit based
upon any action of the City Commission until after a final decision has been rendered
by that Commission, and/or in the event of an appeal, a final decision by a court of
competent jurisdiction, provided however, a temporary conditional certificate may
be issued prior to the final decision if the Director of the Department can first
establish that withholding of the same would cause imminent peril to life or property
and then, only upon such conditions and limitations including the furnishing of an
appropriate bond as may be deemed appropriate by the Director.
11. The City Commission of the City of Sunny Isles Beach may proscribe a reasonable
time limit within which action on any request for a variance( use or non-use), special
exception, new use, special permit or unusual use within which action is required
shall be begun or completed or both. However, ifno time limit is specified by the
Commission, then approval of such request shall expire in one (1) year from the date
granted, unless a building permit, other than a foundation or permit for the
construction of a temporary structure, which is based upon and incorporating the
request is issued within the aforementioned one (1) year period and construction has
begun thereunder. Failure on the part of the applicant to have a permit issued (and
construction begun thereunder) within the applicable time period shall cause the
application for change of zoning to terminate at the expiration of said one (1) year
period, unless extended by the City Commission after a public hearing on same.
111. With respect to all approvals of Miami-Dade County (and subsequently from the City
of Sunny Isles Beach) for any variance, use and non use, special exception, new use,
special permit or unusual use secured prior to the effective date of this ordinance, a
building permit must issue and construction have begun thereunder within two (2)
years from the effective date of this Ordinance. For purposes of this section,
construction must be progressively and continuously carried to conclusion. In the
event building permit has not issued and construction has not yet begun thereunder
within the two (2) year time limit, such approval shall lapse and be deemed invalid.
B. Special Notice Provisions. The City Clerk is hereby directed over the next two (2)
years following the passage of this Ordinance to advertise quarterly in the Neighbors Section of The
Miami Herald all such prior approvals of variances, special use and non use, special exceptions, new
uses, special permits or unusual uses granted prior to the passage of this Ordinance shall be
amortized during this two (2) year period.
Section 2.
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) Any property owner claiming to have vested rights under this Section 2, must file an
application with the City Commission for vested rights determination within the two
(2) year amortization period from the effective date of this Ordinance as set forth in
Section 2(A) above. The applicant shall present a detailed description ofthe 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.
Section 3. Repealer. Any and all ordinances, resolutions, and parts of ordinances or
resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in
conflict herewith.
Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption
on second reading.
Section 5. 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 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.
PASSED AND ADOPTED on first reading the 17th day of September, 1998.
,1998.
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ATTEST:
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~}h~a.Brown-Morilla, City Clerk
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APt>ROVED AS TO FORM
ANI) LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
v' (Yes)
\T(Yes)
~(Yes)
v (Yes)
~(Yes)
Moved by: ~'I~ ~~
Seconded by: ~'i.......~ ~
_(No)
_(No)
_(No)
_(No)
_(No)