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ORDINANCE NO. 2012- 39 L <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br /> SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265, <br /> ARTICLE V, OF THE CITY CODE ENTITLED "DEVELOPMENT <br /> REVIEW PROCEDURES" TO REQUIRE RE-NOTICING OF ZONING <br /> APPLICATIONS WHERE DEFERRAL REQUEST EXCEEDS THIRTY <br /> (30) DAYS; PROVIDING FOR REPEALER; PROVIDING FOR <br /> SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, Chapter 265, Article V, of the Code of Ordinances of the City of Sunny <br /> Isles Beach("City") establishes application procedures for approval of development permits; and <br /> WHEREAS, Section 265-11(F) of the City Code provides that public hearings for zoning <br /> applications may be deferred or continued at the discretion of the City Commission; and <br /> WHEREAS, the City desires to amend the procedure for deferrals or continuances of <br /> zoning applications, to require re-noticing of zoning applications where deferral or continuance <br /> requests exceed thirty (30) days. <br /> NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH,FLORIDA,AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br /> and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br /> upon adoption hereof. <br /> Section 2. Amendment. Section 265-11 of the City Code is amended to read as follows: <br /> § 265-11. —Stormwater utility fees. <br /> *** <br /> F. Rescheduled meeting dates and withdrawal. Public hearings for applications may be <br /> deferred or continued, by and at the discretion of the City Commission, to a meeting date <br /> certain. If a zoning applicant requests a deferral or continuance in excess of thirty (30) <br /> days, the zoning applicant at its own expense shall be required to re-notice their zoning <br /> application to all property owners of record located within a radius of 300 (three hundred) <br /> feet of the property described in the application not less than 10 (ten) days prior to the re- <br /> noticed public hearing, pursuant to Section 265-11(E) of the City Code. If a deferral is <br /> either not elected or not granted, the City Commission, within its discretion, may grant a <br /> withdrawal of the zoning application with or without prejudice. If a zoning applicant is <br /> provided with an opportunity to withdraw its application without prejudice, the <br /> application which is subject to said withdrawal may be refiled at any time. If, however, a <br /> Words added underlined,words strieken deleted(ed) Page I of 3 <br />