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<br />ORDINANCE NO. 2005~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING <br />SECTION 265-11(F) OF THE CODE OF SUNNY ISLES <br />BEACH, TO PROVIDE THE CITY COMMISSION WITH <br />THE AUTHORITY TO GRANT A WITHDRAWAL OF A <br />ZONING APPLICATION WITH OR WITHOUT <br />PREJUDICE; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR REPEALER; PROVIDING FOR <br />INCLUSION IN THE CODE; AND PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, it is necessary to provide the City Commission with the authority to grant a <br />withdrawal of a zoning application with or without prejudice to protect government resources; <br />and <br /> <br />WHEREAS, the ability to grant a withdrawal of a zoning application with or without <br />prejudice will ensure that applicants are given certainty about proceeding with their applications <br />at the time of a public hearing. <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. Amendment. Section 265.11 (F) of the Code of the City of Sunny Isles Beach is <br />amended to read as follows: <br /> <br />Reschedule meeting dates and Withdrawal. Public hearings for <br />applications may be deferred or continued by, and at the discretion <br />of the City Commission to a meeting date certain. If a deferral is <br />either not elected or not granted, the City Commission, within its <br />discretion, may grant a withdrawal of the zoning application with or <br />without preiudice. If a zoning applicant is provided with an <br />opportunity to withdraw its ap~lication without prejudice, the <br />application which is subiect to said withdrawal may be refiled at any <br />time. If, however, a zoning applicant is allowed to withdraw its <br />aPlllication with preiudice, that application shall not be resubmitted <br />for reconsideration to the City Commission for a period of one (1) <br />year after the date the withdrawal with preiudice is granted bv the <br />City Commission. In the event an application in whole or in part has <br />been twice or more denied or withdrawn, a period of two years must <br />run prior to the filing of any subsequent application. In any case, the <br />ApDlicant shall bear the costs associated with either the withdrawal <br />or refiling. <br /> <br />02005-Amend 265-11F WIthdrawal Of Zoning ApplicationDoc Page I of 3 <br />