HomeMy WebLinkAboutOrdinance 2003-190
ORDINANCE NO. 2003- I qO
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 302 OF THE
LAND DEVELOPMENT REGULATIONS TO ALLOW THE CITY
MANAGER OR HIS DESIGNEE TO MAKE A DETERMINATION ON
THE DEVELOPMENT REVIEW PROCESS OR AN INTERPRETATION
ON LAND DEVELOPMENT REGULATIONS GIVING DUE
CONSIDERATION TO THE INTENT OF THE DRAFTERS, PROVIDING
FOR AN APPEAL BY ANY AGGRIEVED PARTY TO THE CITY
COMMISSION; AND PROVIDING FOR THE INITIATION OF AN
ORDINANCE CODIFYING SUCH DETERMINATION OR
INTERPRETATION IF THE INTERPRETED PROVISION IS LIKELY
TO LEAD TO PUBLIC UNCERNTAINTY AND CONFUSION, BUT
RENDERING THE CITY MANAGER'S DECISION BINDING ON ALL
PARTIES UNTIL FINAL ACTION BY THE COMMISSION; PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 2002, the newly drafted LDRs were adopted by the City
Commission; and
WHEREAS, as those LDRs are applied in specific cases, either the development review
process or the intent of the specific land development regulation often requires a determination
or interpretation, as the case may be; and
WHEREAS, it is the expressed intent of the City Commission not to delay the
development review process and to allow the City Manager to make interim interpretations, as
necessary, and to bring them for City Commission's consideration if those determinations or
interpretations require legislation;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment to Section 302 of the Land Development Regulations. Section 302
of the Land Development Regulations is hereby amended as follows:
Section 302: Development Review Process.
A. Creation of Development Review Process.
The City Manager or his designee. (hereinafter the "City Manager"). is hereby
authorized to establish a development review process and to review and render
recommendations on applications for development, conditional uses, temporary
uses, variances, plats, development agreements, vested rights determinations and
Ordinance Establishing City Manager Determinations
1
site plans and any other approval, condition or action contemplated by these LDRs
and the Comprehensive Plan.
B. Determinations Concerning Uses Or Characteristics Of Uses Not Specified.
( i) Applicability.
Where there is substantial doubt as to whether a particular use or uses. or
classes of uses. or characteristics of use not specifically identified in this
zoning ordinance. are of the same general character as those listed as
permitted or conditional uses. or where use restrictions are either not
provided or require interpretation. the City Manager or his designee. upon
request from any administrative agency. officer or department head of the
City. or on his own initiative. shall make a determination in these matters.
or. on any issue regarding the development review process or intent of the
land development regulation involved. Slhe shall give due consideration
to the intent of the zoning regulation concerning the district involved. the
character of uses specifically identified. and the character of the use of
uses in question and the intent of the drafters.
(ii) Appeal.
On a determination made by the City Manager in the manner set out
above. an application for an appeal from such determination may be made
to the Cit Commission in writin s ecif in the ounds for error v..ithil'l
f5 da s from the issuance of the Cit ' s Mana er's
decision. The application for appeal from the determination or
interpretation shall be scheduled for hearing before the City Commission
at the next regularly scheduled City Commission meeting.
(iii) Effect of findings by City Manager.
If in making the determination the City Manager finds that the
determination or interpretation. as set forth in 302B.(i) above are of
unusual or transitory nature. or are unlikely to recur frequently. and unless
his determination thereon is reversed on grounds of error on appeal to the
City Commission. the determination shall thereafter be binding on all
officers and agencies of the City as an administrative ruling. and without
further action on. or amendment of this zoning ordinance.
Where the City Manager or City Attorney finds. in making the
determination or interpretation as set forth in ~302B.(i) above that such
determination or interpretation is likely to lead to public uncertainty and
confusion. the City Attorney shall initiate a proposed amendment to the
Land Development Regulations to rectify the omission. Notwithstanding
the foregoing. until final action has been taken on such proposed
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amendment. the determination or interpretation of the City Manager shall
be binding on all officers and agencies of the City as an interim
administrative ruling.
(iv) Direct referral to the Citv Commission.
At the City Manager's discretion. slhe may choose to take the matter for
interpretation directly to the City Commission for direction.
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. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED and ADOPTED on first reading the '.<O~ay of JJo\)e'rA~Q./v", 2003
PASSED and ADOPTED on second reading this r84-~ay of1A.c..em.bev, 2003.
~ . /d ~ /
an S. Ede cup, Mayor
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,1\T,TEST: ,/.
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L n M. Dannheisser, City Attorney
Moved by: (1)~fV\' SS \ 0 ~~~ -r ~e.e.
Second by: ~~\ SS\Dl\)t~ ~'QE.2.' N
Ordinance Establishing City Manager Determinations
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VOTE: L.f -0 - \
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman ~ ~seV\,t-
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
Ordinance Establishing City Manager Determinations
(yes) V
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