HomeMy WebLinkAboutOrdinance 2005-219
ORDINANCE NO. 2005~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING
SECTION 265-11(F) OF THE CODE OF SUNNY ISLES
BEACH, TO PROVIDE THE CITY COMMISSION WITH
THE AUTHORITY TO GRANT A WITHDRAWAL OF A
ZONING APPLICATION WITH OR WITHOUT
PREJUDICE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is necessary to provide the City Commission with the authority to grant a
withdrawal of a zoning application with or without prejudice to protect government resources;
and
WHEREAS, the ability to grant a withdrawal of a zoning application with or without
prejudice will ensure that applicants are given certainty about proceeding with their applications
at the time of a public hearing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265.11 (F) of the Code of the City of Sunny Isles Beach is
amended to read as follows:
Reschedule meeting dates and Withdrawal. Public hearings for
applications may be deferred or continued by, and at the discretion
of the City Commission to a meeting date certain. If a deferral is
either not elected or not granted, the City Commission, within its
discretion, may grant a withdrawal of the zoning application with or
without preiudice. If a zoning applicant is provided with an
opportunity to withdraw its ap~lication without prejudice, the
application which is subiect to said withdrawal may be refiled at any
time. If, however, a zoning applicant is allowed to withdraw its
aPlllication with preiudice, that application shall not be resubmitted
for reconsideration to the City Commission for a period of one (1)
year after the date the withdrawal with preiudice is granted bv the
City Commission. In the event an application in whole or in part has
been twice or more denied or withdrawn, a period of two years must
run prior to the filing of any subsequent application. In any case, the
ApDlicant shall bear the costs associated with either the withdrawal
or refiling.
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Section 2. 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 3. Inclusion In the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Repealer All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed
Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption at
second reading.
PASSED and ADOPTED on First Reading the q.(.hday of ~2004.
PASSED and ADOPTED on Second Reading this 13~day Of~~, 2005.
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Lynn M. Dannheisser, City Attorney
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Vote: S-O
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Moved by: Co~ ~tLtl\~
Second by: Y \( ~ ~ Oy-cttA- L. ~
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