HomeMy WebLinkAboutOrdinance 98-58
ORDINANCE NO. 98-5 ~
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 98-
40 WHICH PROVIDES FOR A MORATORIUM ON THE
FILING AND CONSIDERATION OF ZONING
APPLICATIONS AND A MORATORIUM ON THE ISSUANCE
OF DEVELOPMENT PERMITS TO PROVIDE AN
ADDITIONAL WAIVER (OR EXCEPTION) FROM SAID
ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A REPEALER AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 16, 1998, the City Commission of the City of Sunny Isles Beach
issued a moratorium on both building and zoning during preparation of the City's comprehensive
plan in accordance with 163.3177 Florida Statutes; and
WHEREAS, the City Commission has subsequently been advised that there is a proliferation
of code enforcement violations of both the South Florida Building Code and Chapter 33, "Zoning"
of Code of Miami-Dade County as applicable to the City of Sunny Isles Beach by virtue of Section
8.3 of its Charter; and
WHEREAS, the City Commission has expressed the desire to assist both the residents and
business owners in the community to encourage them to come into compliance with the Code and
therefore wishes to extend an Amnesty Period for all existing structures and uses to bring them into
compliance with such Code; and
WHEREAS, the moratorium on building and zoning as provided in Ordinance No. 98-40
must be amended to allow for a waiver of same for those attempting to exercise the provisions ofthe
of Resolution 98-94, as amended by Resolution 98-99 (the "amnesty resolution");
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Section 2 of Ordinance No, 98-40 shall be amended as follows:
Section 2. Vlaivels. In addition to the exemptions in Section 1. ofthis Section, upon
application by a plOperty ownel, the City Commission, aftel public healing, may giant
wai veiS to the m01atoiium and authorize eithei the consideiation of a zoning application Oi
the iSSuance of de v elopment 01 del s w hel e it deteunines that the action w ill not conti a v ene
the purpose of this Oidinance and will not, in the discretion of the City Commission,
mateiially ieduce the existing capacity of public sel v ices.
Moratorium Amendment Ord.
-1-
.
Section 2.
Waivers.
A. In addition to the exemptions in Section 1. of this Section, upon application by a
property owner, the City Commission, after public hearing, may grant waivers to the
moratorium and authorize either the consideration of a zoning application or the
issuance of development orders where it determines that the action will not
contravene the purpose of this Ordinance and will not, in the discretion of the City
Commission, materially reduce the existing capacity of public services.
B. This Ordinance shall not be applicable to any existing structure or use whereby the
owner of same is attempting to bring such structure and/or use into compliance with
the South Florida Building Code and/or Chapter 33, "Zoning" of the Code of
Miami-Dade County as applicable to the City of Sunny Isles Beach in accordance
with Resolution No. 98-40.
Section 2. Severability, The provisions ofthis 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.
Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading the 12th day of November, 1998.
.J(v
PASSED AND ADOPTED on second reading this ~ day of ,1998.
ATTEST:
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Richard ~r6~t;\-MPrill';l, Cit)(Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: ~\IoMr~
Seconded by:~ \~ .~
VOTE:
S:,.-0
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
(yes) ~
(yes) v
(yes) ---v
(yes) -D
(yes) ~
Moratorium Amendment Ord.
-3-
(no)_
(no)_
(no)_
(no)_
(no)_