96-01 ORDINANCE NO. 96-01
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING INTERIM ORDINANCE CONCERNING
ZONING, PURSUANT TO SECTION 8.03 AND 8.06 OF
THE CITY CHARTER, AMENDING METROPOLITAN DADE
COUNTY ZONING CODE AS APPLICABLE TO CITY OF
AVENTURA TO SUBSTITUTE CITY COUNCIL FOR COUNTY
AGENCIES AND OFFICIALS, DESIGNATING ZONING
OFFICIAL, PROVIDING FOR ZONING COMPLIANCE
REVIEW, PROVIDING FOR AUTHORITY OF CITY
COUNCIL; PROVIDING FOR SEVERABILITY, AN
EFFECTIVE DATE AND DURATION; DECLARING AN
EMERGENCY.
WHEREAS, it is necessary for the City Council of the City of
Aventura to initiate procedures for the assumption of regulatory
jurisdiction by the municipality, including zoning and planning
matters; and
WHEREAS, it is necessary to enact a transitional ordinance on
an emergency basis to be effective immediately for an initial
period of no longer than ninety days after adoption; and
WHEREAS, the City Council finds that the enactment of this
ordinance is necessary on an emergency basis so as to protect the
public health, safety and welfare of the residents and inhabitants
of the City of Aventura and to implement the jurisdiction of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. Emerqenc¥ declared. Pursuant to City Charter
Section 8.06, an emergency is hereby declared for adoption of this
ordinance, as described in the recitals set forth above, which are
hereby incorporated herein.
Section 2. That a zoning and planning transitional ordinance
is hereby adopted to read as follows:
(a) Zoninq Official; County staff; provisions in
effect. Chapter 33 of the County Code, Zoning,
as made applicable to the City pursuant to the
provisions of section 8.03 of the City
Charter, is hereby amended to substitute the
City Council in the place and stead of County
officials, boards or committees, including but
not limited to the Board of County
Commissioners, the Director of Planning,
Development and Regulation and the Zoning
Appeals Board, so that all zoning review of
building permit applications, zoning
variances, special exceptions, and other
quasi-judicial action shall be taken by the
Council or by the person delegated such
authority by the Council pursuant to
subsection (b). The County staff shall perform
those functions for the City as may be
provided by agreement between the City and the
County. Except as otherwise provided in this
ordinance, the provisions of Chapter 33,
Zoning, of the County Code, as made applicable
to the City to the extent required by section
8.03 of the Charter, shall remain in full
force and effect until otherwise modified or
replaced by the City Council.
(b) Zoninq compliance review and approval;
standards; authority to ~rant variances, etc.
The Council may delegate to an individual or
individuals, or board so designated, from time
to time, by motion or resolution, the
authority and responsibility to review and
process all permit applications for zoning
compliance and to show zoning approval by a
stamp or mark with signature on all copies of
applications and plans pursuant to agreement
between Dade County, Florida, and the City of
Aventura, or as otherwise may be subsequently
provided. The standards and criteria set forth
in chapter 33 of the County Code, and as
otherwise provided in the codes, ordinances,
resolutions and laws made applicable pursuant
to section 8.03 of the City Charter, shall
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constitute the standards and criteria which
shall govern performance of the duties
delegated pursuant to this section. The
authority of the council to grant zoning
variances, special exceptions, or to amend the
provisions of the zoning codes shall not be
delegated under this ordinance.
(c) Record of zoninq compliance review actions;
appeal. A list of zoning compliance review
actions completed by the delegate of the
Council shall be maintained in the Office of
the City Clerk. If any aggrieved applicant or
other aggrieved person provides written notice
of the appeal of such action to the City Clerk
within seven days after zoning compliance
review action is taken by the delegate of the
Council, the Council shall within fifteen (15)
days, review such action under the standards
and criteria referenced in this section. The
decision of the Council shall be final,
subject to judicial review by writ of
certiorari to the extent provided by law or
other method of judicial review provided by
law.
Section 3. Severabilit¥. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Effective Date. This ordinance shall be effective
as an emergency ordinance immediately upon adoption at its first
and only reading, and shall thereafter be effective for a period of
no longer than ninety days after adoption, subject to re-adoption,
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renewal or continuation as provided by law.
PASSED AND ADOPTED this 2nd day~hAp~, 1996~=u. /
MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
ACTING CITY CLERK
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