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Home My WebLink AboutOrdinance 2001-117 ORDINANCE NO. 2001-.112 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE 98-52 TO REVISE THE TIME LIMIT FROM ONE YEAR TO TWO YEARS WITHIN WHICH A BUILDING PERMIT MUST ISSUE FOR ANY VARIANCE, SPECIAL EXCEPTION, NEW USE, SPECIAL PERMIT OR UNUSUAL USE HERETOFORE OR HEREAFTER GRANTED; PROVIDING FOR QUARTERLY NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE CITY LIMITS FOR THE TWO-YEAR TIME PERIOD; PROVIDING FOR ADMINISTRATIVE RELIEF PROCEDURE FROM THIS ORDINANCE, PROVIDING FOR AN APPEAL TO THE CITY COMMISSION; PROVIDING FORA REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 8, 1998, the City Commission passed an ordinance permitting, among other things, a one year period within which a developer must use or lose a zoning approval unless such developer can prove a vested right to that approval by virtue of a detrimental change in circumstance; and WHEREAS, it appears that such a short period has become an unrealistic expectation for developers to proceed with their project approvals given environmental, permitting, financing, pre- sale requirements and other issues facing any developer; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. AMENDMENT OF ORDINANCE 98-52. A Limitations on issuance of permits. This Section is revised 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 Limitations on Zoning Approvals Amendment Amendment of Ordinance 98-52 (Use it or lose it) Ord. LMD:ch Legislation/attorney 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, if no time limit is specified by the Commission or was already specified by Ordinance #98-52. then approval of any such request approved under the City's new Comprehensive Plan shall expire in two (2) years 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 two (2) 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 two (2)-year period, unless extended by the City Commission after a public hearing on same. that the applicant has made progress sufficient to the City Commission within its sole determination. 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 or any prior 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 11. The property owner has detrimentally relied, in good faith by making substantial expenditures; and 111. 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 Zoning and Code Administrator for a vested rights determination by the Zoning and Code Administrator, the Planning Director and the City Manager.The City Attornevwill advise staff on any legal issues. v/ithia tbe two (2) year amortization period from tbe effeetive date of this Ordinance as set forth in Section 2(A) above. 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 Limitations on Zoning Approvals Amendment 2 Amendment of Ordinance 98-52 (Use it or lose i1) Ord. LMD:ch Legislation/attorney 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. In the event that vested rights have been established by the applicant to the City. the applicant shall agree to comply with all reQuirements of the City's streetscape master plan. to the extent possible. In the event the applicant is denied a finding of vested rights. an aggrieved applicant. within thirty (30) days of a written finding by staff. may file an appeal to the City Commission which 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. All advertising and administrative costs as determined by the City Manager shall be borne by the Applicant. 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 ten (10) days after 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 at first reading the 18th day of January, 2001. PASSED AND ADOPTED on second reading this ~ day 0 , 2001. .' '. .. _' i .' , ~ 'ATrnSTi- .... r.' / :} -: ., _' ':' l' j -. :- , .. ~~~ . . Richtird Bfown-Morilla, City Clerk APPROVED AS TO FORM AND LEG SUFFICIENCY: Limitations on Zoning Approvals Amendment 3 Amendment of Ordinance 98-52 (Use it or lose it) Ord. LMD:ch Legislation/attorney Vote: y- \ Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky v (Yes) V (Yes) V (Yes) _(Yes) ~(Yes) Moved by: CtH\'\~\ ~~~ =cG.,L~~S Seconded by: " \ c.. "i:.. yy\_ R K AUF F m_ Limitations on Zoning Approvals Amendment 4 Amendment of Ordinance 98-52 (Use it or lose it) Ord. LMD:ch Legislation/attorney _(No) _(NO) _(NO) V(NO) _(NO)