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<br />ORDINANCE NO. 2001-.112 <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />AMENDING ORDINANCE 98-52 TO REVISE THE TIME LIMIT FROM <br />ONE YEAR TO TWO YEARS WITHIN WHICH A BUILDING PERMIT <br />MUST ISSUE FOR ANY VARIANCE, SPECIAL EXCEPTION, NEW USE, <br />SPECIAL PERMIT OR UNUSUAL USE HERETOFORE OR HEREAFTER <br />GRANTED; PROVIDING FOR QUARTERLY NOTICE IN A NEWSPAPER <br />OF GENERAL CIRCULATION WITHIN THE CITY LIMITS FOR THE <br />TWO-YEAR TIME PERIOD; PROVIDING FOR ADMINISTRATIVE <br />RELIEF PROCEDURE FROM THIS ORDINANCE, PROVIDING FOR AN <br />APPEAL TO THE CITY COMMISSION; PROVIDING FORA REPEALER; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE <br />DATE. <br /> <br />WHEREAS, on October 8, 1998, the City Commission passed an ordinance permitting, <br />among other things, a one year period within which a developer must use or lose a zoning approval <br />unless such developer can prove a vested right to that approval by virtue of a detrimental change in <br />circumstance; and <br /> <br />WHEREAS, it appears that such a short period has become an unrealistic expectation for <br />developers to proceed with their project approvals given environmental, permitting, financing, pre- <br />sale requirements and other issues facing any developer; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. <br /> <br />AMENDMENT OF ORDINANCE 98-52. <br /> <br />A Limitations on issuance of permits. This Section is revised as follows: <br /> <br />1. The Department of Building and Zoning shall not issue any type of permit based <br />upon any action of the City Commission until after a final decision has been <br />rendered by that Commission, and/or in the event of an appeal, a final decision by <br />a court of competent jurisdiction, provided however, a temporary conditional <br />certificate may be issued prior to the final decision if the Director of the <br />Department can first establish that withholding of the same would cause <br />imminent peril to life or property and then, only upon such conditions and <br />limitations including the furnishing of an appropriate bond as may be deemed <br />appropriate by the Director. <br /> <br />11. The City Commission of the City of Sunny Isles Beach may proscribe a <br /> <br />Limitations on Zoning Approvals Amendment <br />Amendment of Ordinance 98-52 (Use it or lose it) Ord. <br />LMD:ch <br />Legislation/attorney <br />