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<br />ORDINANCE NO. 98-10 <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />PROVIDING FOR A MORATORIUM ON THE FILING AND <br />CONSIDERATION OF ZONING APPLICATIONS WITH CERTAIN <br />EXCEPTIONS; PROVIDING FOR A BUILDING MORATORIUM ON THE <br />ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS <br />AS DEFINED BY SECTION 163.3164, FLORIDA STATUTES (1995) WITH <br />CERTAIN EXCEPTIONS; PROVIDING FOR WAIVERS; PROVIDING A <br />TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEAL; <br />PROVIDING FOR MODIFICATION TO EXEMPT DEVELOPMENT; <br />PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; <br />PROVIDING FOR REPLACEMENT OF MORA TORIUM PROVISIONS OF <br />SECTION 33-319, ET SEQ., OF THE CODE OF MIAMI-DADE COUNTY <br />WITH THE SPECIFIC MA TTERSADDRESSED HEREIN; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission has issued a Request for Proposals for the employment of a <br />planning consultant, who, along with staff, will begin preparation of a comprehensive plan for the City in <br />accordance with Section 163.3177, Florida Statutes (the "Comp Plan") which plan, upon implementation, <br />will serve to guide, control and determine land use, development and growth in a manner that is protective <br />of the public health, safety and welfare and the aesthetic and visual qualities of the City so that they are <br />further enhanced and protected from impairment by incompatible uses; and <br /> <br />WHEREAS, the City Commission, while attempting to live within the confines of the zoning code <br />and the master plan of Miami-Dade County as it was inherited by the City, now desires to ensure that, <br />during the pendency of the necessary study activity now to be undertaken for the formulation and <br />implementation of the Comp Plan, that zoning applications and additional development orders and building <br />permits are not issued within the corporate boundaries of the City in order that the Comp Plan, once <br />prepared, will be implemented in a fully effective manner in order to accomplish its purposes; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. <br /> <br />Moratorium imposed. <br /> <br />(A) Zoning Moratorium. During the term discussed in Section 3. below, there shall be <br />a moratorium on the acceptance and consideration of zoning applications, except for the following: <br /> <br />1. <br /> <br />Administrative variances and substantial compliance determinations. <br /> <br />Moratorium Ord. <br /> <br />-1- <br />