Ordinance 98-42 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 98- 42- AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-36.1 OF THE CODE OF MIAMI-DADE COUNTY, ADMINISTRATIVE VARIANCE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by virtue of its Charter adopted by ballot of the electorate on a special election held on June 16, 1997, has unless otherwise modified or replaced, adopted on an interim basis, all Codes, Resolutions and Ordinances of Miami-Dade County in effect on the date of the adoption of the Charter, to the extent applicable to the City; and WHEREAS, the City is receiving administrative variances and Section 33-36.1 of the Miami- Dade County Code must be clarified and amended to suit the City's administration and Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 33-36.1 Administrative variances. (a) Notwithstanding an other provision of this chapter, in RU-l, RU-2, and those other districts permitting single-family, duplex, and townhouse use, upon application duly made, the Building Official may, by administrative decision, approve any "non-use variance" request. For the purposes of this subsection, a "non-use variance," as defined in Section 33-311.1(e)(2), Code of Miami-Dade County, may involve matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question. Requests varying setbacks spacing and lot coverage requirements from those specified elsewhere in the zoning regulations may only be approved providing that they do not exceed the following: (1) That the setback required is not reduced below fifty (50%) percent of that normally required. (2) That the lot coverage is not increased by more than twenty (20%) percent of that normally permitted, (3) That the spacing requirement between principal and accessory buildings is not reduced below fifty (50%) percent of that normally required. (b) Notwithstanding any other provision of this matter, in any district upon application duly made, the Building Official may, by administrative decision, approve any "non-use variance" request or "special exception" from zoning regulations on parking requirements for any property designated as an historical site and subject to a certificate of appropriateness pursuant to Chapter 16A