97-15 ORDINANCE NO. 97-15
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;
PROVIDING FOR PUBLIC HEARINGS AND NOTICE OF
PUBLIC HEARINGS; PROVIDING FOR REPEAL AND
REPLACEMENT OF SECTION 33-310 OF THE
METROPOLITAN DADE COUNTY ZONING CODE
CONCERNING PUBLIC HEARINGS; SUBSTITUTING CITY
COUNCIL AND DESIGNATED CITY OFFICIALS FOR
COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR
AUTHORITY FOR REVIEW OF PUBLIC HEARING
APPLICATIONS, ZONING VARIANCES, SPECIAL
EXCEPTIONS AND OTHER QUASI-JUDICIAL ACTION
WITHIN THE SCOPE OF CHAPTER 33 "ZONING" OF THE
COUNTY CODE AS MADE APPLICABLE TO THE CITY;
PROVIDING FOR REPEAL OF ZONING AND PLANNING
TRANSITIONAL ORDINANCE, DESIGNATED AS
ORDINANCE NO 96-08 UPON THE SAME SUBJECT
MATTER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR
ADMINISTRATIVE ACTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is necessary for the City Council of the City of Aventura, to implement
public hearing procedures, including notice of hearing procedures, which are tailored to the
needs of the Aventura community and are less cumbersome than those provisions currently
provided by Section 33-310 of the Code of Metropolitan Dade County (the "County Code");
and
WHEREAS, now that the City has completed the transitional period for the transfer
Ordinance No. 97-15
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of zoning and planning services from Dade County to the City, it is necessary to adopt
amendments to the provisions of Chapter 33 "Zoning" of the County Code as applicable to
the City of Aventura pursuant to Section 8.03 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Public Hearin,q; Notice of Hearin,q.
A. When an application, as prescribed by Section 33-304, 33-309 and 33-314 of
the County Code, is filed, it shall promptly be set for public hearing before the City Council.
B. Written recommendations of the City Manager or his designee shall be
developed and such recommendation shall become a part of the hearing file and record,
and open for public inspection.
C. Notice of the time and place of the public hearing describing the nature of the
application and street address of the property shall be published in a newspaper of general
circulation in the City not less than 10 days prior to the public hearing.
D. A courtesy notice containing substantially the same information set forth in
the published notice may be mailed to the property owners of record located within a radius
of 300 feet of the property described in the application or such greater distance as the City
Manager may prescribe; provided, however, that failure to mail or receive such courtesy
notice shall not affect action or proceedings taken under this Section.
E. The property shall be posted no later than 10 days prior to the hearing in a
manner conspicuous to the public, by a sign or signs containing information concerning the
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application including but not limited to the applied for zoning action and the time and place
of the public hearing.
F. All costs of advertising, mailing and posting shall be borne by the applicant.
Section 2. City Zoning Officials and Authorities; Provisions in Effect.
A. (1) Chapter 33 "Zoning" of the County Code, 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 boards and committees,
included but not limited to the Board of County Commissioners and the Zoning Appeals
Board, so that all zoning variances, special exceptions, unusual uses, appeal of
administrative action and other quasi-judicial action otherwise required to be taken by such
boards or committees at a public hearing shall be taken by the City Council or by any
person or board delegated such authority by the City Council by ordinance.
(2) Chapter 33 "Zoning" of the County Code, as made applicable to the
City pursuant to the provisions of Section 8.03 of the City Charter, is hereby further
amended to substitute the City Manager or his designee in the place and stead of all county
officials, including but not limited to the Director of Planning, Development and Regulation,
so that all zoning review of building permit applications and all other action which would
otherwise be taken by such County officials shall be taken by the City Manager or his
designee. The City staff under the direction of the City Manager shall perform those
functions for the City as may be designated by the City Manager.
(3) Chapter 33 "Zoning" of the County Code, as made applicable to the
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City, pursuant to Section 8.03 of the City Charter, is hereby further amended by requiring
that all building permit applications be issued or denied by the building official employed
within the Community Development Department of City created pursuant to Ordinance No.
96-06, in accordance with the Permit Fee Schedule created by Ordinance No. 96-22, as
amended from time to time.
B. The standards and criteria set forth in Chapter 33 "Zoning" 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 or as adopted by the City Council,
shall constitute the standards and criteria which shall govem performance of the duties
assumed or delegated pursuant to this Section, unless modified by the City Council.
C. Except as otherwise provided in this Section, the provisions of Chapter 33,
Zoning, of the County Code, as made applicable to the City pursuant to Section 8.03 of the
City Charter, shall remain in full force and effect unless or until otherwise modified or
replaced by the City Council.
.Section 3. Repeal of Ordinance 96-08. Ordinance 96-08, the transitional zoning
and planning ordinance previously enacted upon the same subject matter as addressed in
Section 2 above, is hereby repealed.
Section 4. Repeal of County Zoning Code Section 33-310. County Zoning Code
Section 33-310, providing for public headngs and public headng notice, as made applicable
to the City pursuant to City Charter Section 8.03, is hereby repealed in its entirety and
replaced by the provisions of Section 1 hereof.
Ordinance No. 97-15
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Section 5. Savings Clause. The repeal of Ordinance 96-08 as provided by
Section 3 above, shall not impair or affect the validity of any proceedings or actions taken
pursuant to such ordinance and such actions, approvals and proceedings shall remain in
full force and effect.
Section 6. Ratification of Pdor Administrative Action. All actions previously taken
by the City Manager and City staff conceming the issuance and approval of permits, site
plans and other development approvals during the period of time prior to repeal of the
zoning and planning transitional ordinance, Ordinance No. 96-08, are hereby confirmed
and ratified to the fullest extent permitted by law.
Section 7. Severability. 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 affect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Perlow, who moved its
adoption on first reading. The motion was seconded by Councilmember Rogers-Libert, and
upon being put to a vote, the vote was as follows:
Ordinance No. 97-]_5
Page 6
Councilmember Arthur Berger absent
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patdcia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Beskin, .
who moved its adoption on second reading. The motion was seconded by Councilmember
Cohen , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger ye s
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED on first reading this 20th day of May, 1997.
PASSED AND ADOPTED on second reading this 3"~ day of June, 1997.
ATTEST: ~'~ ~ ,~,, ~
TERESA M SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ~TTORNEY