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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 In the event an application in whole or in part has been twice or more denied or withdrawn, a period of two years must run prior to the filing of any subsequent application.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. 02005-Amend 265-11F WIthdrawal Of Zoning ApplicationDoc Page I of 3 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. ( .... "'JA.Tl'ES~: '/ "'.". ce';' '" ~. ".. . :~ ~. 1.~Ilt;,A. H~es, qry/Clerk ,_ .....,. ,J" ~.~ ~'''~ '" .~ . '~'i V APPROVED AS TO FORM AND LEGAL SUFFICIENCY frffio- Lynn M. Dannheisser, City Attorney 02ooS-Amend 26S-IIF Withdrawal Of Zoning ApplicationDoc Page 2 of 3 Vote: S-O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Moved by: Co~ ~tLtl\~ Second by: Y \( ~ ~ Oy-cttA- L. ~ \ v (Yes) V(Yes) V(Yes) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) 02ooS-Amend 26S-11F Withdrawal Of Zoning ApplicationDoc Page 3 of 3