HomeMy WebLinkAboutOrdinance 99-76
ORDINANCE NO. 99-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING SECTION 33-36 OF THE CODE OF
MIAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES
BEACH AS ITS ZONING CODE IN ACCORDANCE WITH ARTICLE 8.3 OF
THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO ADD A
SECTION 33-36.2 TO BE ENTITLED "SUBSTANTIAL COMPLIANCE FOR
HEARING APPROVED DRAWINGS AND SITE PLANS AND
ADMINISTRATIVELY APPROVED SITE PLANS"; TO PROVIDE FOR
THE AUTHORITY OF THE BUILDING, PLANNING AND ZONING
DIRECTOR TO MAKE SUCH A DETERMINATION BASED ON
DEVELOPMENT INTENSITY AND DEVELOPMENT SIMILARITY;
PROVIDING FORA REPEALER; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, has adopted Chapter 33 of the Zoning Code of
Miami-Dade County as its own, in accordance with Article 8.3 ofthe Charter ofthe City of Sunny
Isles Beach; and
WHEREAS, in addition to the Zoning Regulations Miami-Dade County has promulgated
certain administrative orders relating to the interpretation of the Zoning Code; and
WHEREAS, on March 11, 1999, the City of Sunny Isles Beach adopted its own RU-4A
Interim Ordinance No. 99-63 to conform with the City's own vision of the east side of Collins
Avenue while maintaining the remainder of the zoning code; and
WHEREAS, the City Commission of the City of Sunny Isles Beach now wishes to codify
the ability of the Building, Planning and Zoning Director to review previously approved site plans
and drawings and/or administratively approve plans for substantial compliance determinations in
accordance with criteria it prefers to generate;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Section 33-36.2 - Substantial Compliance Guidelines. The Director of the
Building, Planning and Zoning Department is hereby authorized to determine whether or not
previously approved site plans or administratively approved plans which may be immaterially
modified, substantially comply with the terms ofthe Resolution resulting from a prior public hearing
on specific site plans and/or substantially comply with plans approved administratively in
accordance with this Section, based on the following criteria:
Chapter 33-36 Amendment
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(A) Development Intensity.
The building shall be no greater in height or number of stories and the number of
units must remain the same or be reduced provided however, the size and mix of
units may increase or decrease by ten percent (10%) based on the entire plan,
provided the plan otherwise complies with the requirements of this Ordinance and
prior approvals.
(B) Development Similarity.
(1) The roadway patterns and specifically ingress and egress
points shall be substantially similar to approved plans
provided however, public works may be consulted on
immaterial changes that may be reflected in the substantial
compliance review.
(2) Setbacks shall never decrease but may increase for purposes
of substantial compliance.
(3) Open space and proposed walls and fences shall be in
generally the same location and in the same of greater amount
particularly in perimeter property areas.
(4) Elevations and renderings ofbuildings must be comparable to
hearing related submittals.
(5) Proposed changes must not, in any case, create variances
which have not been previously approved.
Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be
affected by such invalidity.
Section 4. Inclusion into the Code. The provisions of this Ordinance shall be included and
incorporated into the Code of Ordinances ofthe City of Sunny Isles Beach as an addition thereto and
the sections of this Ordinance may be renumbered to conformed to any uniformed numbering
system.
Chapter 33-36 Amendment
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Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this 17th day June, 1999.
PASSED AND ADOPTED on second reading this ,(';jay of ~
, 1999.
David Samson, Mayo
, ATTEST:
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Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: ~'l~ ~..vcW
Seconded by: ~. ~l~ ~k~~
Vote: <;'" - \)
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
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Chapter 33-36 Amendment
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