HomeMy WebLinkAboutOrdinance 2001-115
ORDINANCE NO. 2001--LL5..
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING AND CLARIFYING
ORDINANCE NO. 2000-107, WITH RESPECT TO RULES AND
PROCEDURES TO DEFINE THE APPLICABILITY OF RULE 5.06 TO
ZONING MATTERS AND TO EXCLUDE ZONING MATTERS FROM
RECONSIDERATION UNDER RULE 7.01(K); PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 19, 2000, we enacted an amended ordinance relating to the
Rules of Procedure; and
WHEREAS, clarification is needed with respect to Rule 5.06(f) insofar as the City will
be adopting land development regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I.
Rule 5.06(f) is hereby amended to read as follows:
(f) ZONING EXCEPTIillL The provisions of this Rule 5.06 shall
not be applicable to zoning which shall be governed exelusi'/ely
by Chapter 33 of the Miami Dade Coooty Code (as adof'ted by
Section 8.3, of the Charter, as may have been afl'lended) and as
may be amended by the land development regulation to be adof'ted
by the City Commission.
(f) ZONING EXCEPTION. The proVIsIons of this Rule 5.06 shall be
applicable to zoning only insofar as it is permitted by the land
development regulations adopted by the City Commission and/or in effect
at the time of the action.
Section 2.
Rule 7.01(k) is hereby amended as follows:
7.01(k) RECONSIDERATION. An action of the Commission, excluding
zoning matters, may be reconsidered only at the same meeting at which the action
was taken, or, if not, at the next regular meeting thereafter. A motion to
reconsider may be made only by a Commissioner who voted on the prevailing
side of the question and must be concurred in by a majority of those present at the
meeting. A motion to reconsider shall not be considered unless at least the same
number of Commissioners is present as participated in the original vote, or upon
Rules & Procedures Amendment 200 I
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affirmative vote of two-thirds (2/3) of those Commissioners present. Adoption of
a motion to reconsider shall rescind the action reconsidered.
Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 4 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 5. Effective Date. This ordinance shall become effective ten days after adoption on
second reading.
PASSED AND ADOPTED on first reading this t e~ day of January, 2001
PASSED AND ADOPTED on second reading this
2001.
David Samson, May r
, ,
, '
ATtEST:
- ~'~j~\l\o.
RichardTiBrown-Mori11a
City Clerk ~
APPROVED AS TO FORM
~:1fF:lliNCY:
L M. I>annheisser
City Attorney
Motion on second reading by: ,,\ cc.. (Y\f\'ibR +(AU FFmPt^!
Second on second reading by: c.omrt\\SS\M)s:.fTU~ETS'I(\f
Vote: 5-0
Mayor Samson
Vice-Mayor TKauffman
Commissioner Iglesias
Commissioner 1 Morrow
Commissioner Turetsky
v{yes)
V"{yes)
V"(yes)
V"'(yes)
i/{yes)
(no)
(no)
(no)
(no)
(no)
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