96-08 ORDINANCE NO. 96-08
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING,
PURSUANT TO SECTION 8.03 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, AND AN EFFECTIVE
DATE.
WHEREAS, it is necessary for the City Council of the City of
Aventura to continue to implement procedures for the application of
regulatory Jurisdiction by the municipality, including zoning and
planning matters; and
WHEREAS, the City Council finds that the enactment of this
ordinance is necessary so as to protect, the public health, safety
and welfare of the residents and inhabitants of the City of
Aventura and to continue to implement the jurisdiction of the City
previously commenced under transitional Ordinance No. 96-01.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. 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 or board 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) Zoning compliance review and aDproval;
standards; authority to qrant variances, etc.
The Council may delegate to an individual or
individuals, or board so designated, from time
to time, by motion, resolution or ordinance,
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
constitute the standards and criteria which
shall govern performance of the duties
delegated pursuant to this section unless
modified by the City Council. The authority of
the Council to grant zoning variances, special
exceptions, or to amend the provisions of the
zoning codes or the Comprehensive Plan of the
City shall not be delegated under this
ordinance.
(c) Record of zoning 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
2
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 2. 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 3. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-
Libert, who moved its adoption on first reading. The motion was
seconded by Councilmember Cohen, and upon being put to a vote, the
vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember. Beskin,
3
who moved its adoption on second reading. The motion was seconded
by Vice Mayor Rogers-Libert and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 18th day of June,
1996.
PASSED AND ADOPTED on second reading this 2nd day of July,
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY