This chapter shall be entitled and may be referred to as the "Sunny Isles Beach Land Development Regulations" ("LDRs").

A.

These LDRs are enacted pursuant to the requirements and authority of F.S. ch. 163, pt. II (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in F.S. ch. 166 (Home Rule Powers Act) and the Constitution of the State of Florida.

B.

The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the City. It is the intent of these LDRs that the development process in the City be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures; and show respect for the rights of property owners and the consideration for the interests of the citizens of the City.

A.

General applicability. Unless otherwise permitted as an exception under § 265-3B or allowed to continue as a nonconforming use or structure under these LDRs, all existing, proposed and new development or redevelopment and uses of land in the City shall conform strictly to the provisions of these LDRs. Except as expressly provided in these LDRs, no development and use of land shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of these LDRs. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation, application or enforcement of these LDRs or any part hereof shall not stop or otherwise prevent the City from strict enforcement of the provisions of these LDRs.

B.

Exceptions, vested rights.

(1)

Existing administrative site plan approval; time period/expiration. The provisions of these LDRs shall not affect, or be enforceable against, any development for which an administrative site plan approval was issued prior to the effective date of these LDRs. Notwithstanding the foregoing, for developments that previously received an administrative site plan approval, this exemption shall expire on the date that is 24 months after the effective date of the adoption of these LDRs in the event a building permit authorizing development as approved in the development order (administrative site plan approval) has not been obtained by said date or the applicant has not obtained an extension as provided herein below. This exemption shall expire earlier in the event any condition or requirement of the development order (administrative site plan approval) containing a specific time period for performance is not timely satisfied as provided therein. In the event the foregoing exemption expires with respect to a development order (administrative site plan approval), as provided above, or the required building permit is obtained but thereafter expires, then the development order (administrative site plan approval) shall be deemed null and void and a new application for development shall be required consistent with the LDRs then in effect. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LDRs and any amendments hereto.

(2)

Existing development order (excluding administrative site plan approvals); time period/expiration. The provisions of these LDRs shall not affect, or be enforceable against, any development for which a development order (excluding administrative site plan approval) was issued prior to the effective date of these LDRs.

Notwithstanding the foregoing, for developments that previously obtained a development order (excluding administrative site plan approval), this exemption shall expire on the date applicable to said development orders as provided in Ordinance No 2001-117, as amended (Said ordinance was an amendment to the County Zoning previously in effect in the City. It regulated time periods for zoning approvals and development action on such approvals.) (i.e., two years from the date granted), and the terms thereof, and in the event a building permit authorizing development as approved in the development order (excluding administrative site plan approval) has not been obtained by the required date or the applicant has not obtained an extension as provided in Ordinance No. 2001-117, as amended, and herein below. This exemption shall expire earlier in the event any condition or requirement of the development order (excluding administrative site plan approval) containing a specific time period for performance is not timely satisfied as provided therein. In the event the foregoing exemption expires with respect to a development order (excluding administrative site plan approval), as provided above, or the required building permit is obtained but thereafter expires, then the development order (excluding administrative site plan approval) shall be deemed null and void and a new application for development shall be required consistent with the LDRs then in effect. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LDRs and any amendments hereto.

(3)

Existing building permits; time periods/expiration. The provisions of these LDRs shall not affect, or be enforceable against, any development for which a building permit was issued prior to the effective date of these LDRs and said permit was the only required development order, provided the building permit remains valid and construction has begun and continues thereunder. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LDRs and any amendments hereto.

(4)

Future amendments to the LDRs; time period/expiration. An amendment to these LDRs shall not affect, or be enforceable against, any development for which a development order was issued prior to the effective date of said amendment; provided, however, all other provisions of the LDRs in effect on the effective date of the development order shall be enforced with respect to the development order (including, without limitation, the time period/expiration related to issuance of a building permit and completion of construction).

(5)

Amendments. A development order that is exempt from these LDRs pursuant to this section may not be amended in a manner which, in the determination of the Development Services Director, substantially alters the proposed development and/or which increases in degree any nonconformity.

(6)

Extensions of time. If additional time (beyond the 24-month period) is desired by a developer, the developer may request an extension from the City Commission by filing an application for extension prior to the expiration of the development order. The City Commission shall consider any such request on a case-by-case basis and may grant an extension for a period of time deemed reasonable by the City Commission if the developer clearly establishes good cause for the extension and that the need for the extension is based substantially on events or occurrences beyond the control of the developer; provided, however, while the inability to obtain financing, volatility in the economy and/or changes in the market conditions affecting a project, as examples, may not constitute circumstances beyond the control of the developer, two or more of these factors combined and/or in combination with other relevant factors may be sufficient as determined by the City Commission to establish the need for the extension.

(7)

Completion date. Development authorized by a development order and exempted from the provisions of these LDRs pursuant to §§ 265-B(1), (2) or (3) hereof shall be complete and shall have satisfied all requirements for issuance of a certificate of occupancy or certificate of completion, as applicable, within 24 months from the date of issuance of the building permit authorizing development as approved in the development order, except in the event a different time period to obtain a certificate of occupancy or certificate of completion, as applicable, is expressly authorized by the City Commission. If additional time (beyond the 24-month or other specified period) is desired by a developer, the developer may request an extension from the City Commission as more particularly set forth in § 265-3.B(6) above.

(Ord. No. 2021-562, § 34, 3-18-2021)

The City of Sunny Isles Beach is divided into zones or districts, as shown on the Official Zoning Map and described in the LDRs. The Zoning Map, together with all explanatory matter thereon, shall be considered a part of the LDRs. The Zoning Map is the official record of zoning status of areas within the City. A copy shall be maintained in the Development Services Department.

A.

Amendments to the Zoning Map. Amendments to the Official Zoning Map shall be made in accordance with the procedures and standards of the LDRs.

B.

Recording amendments to the Zoning Map. Within a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map.

C.

Adoption of Zoning Map. The Zoning Map, seen below as Exhibit "A", is adopted as the official zoning map of the City of Sunny Isles Beach, and all property within the City is hereby rezoned in accordance with the Zoning Map.

D.

Repeal of Zoning Map and designations. The Zoning Map that was adopted by § C-8.3 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this chapter.

(Ord. No. 2012-380, § 1(Exh. A), 2-16-2012; Ord. No. 2015-468, § 1(Exh. A), 12-17-2015; Ord. No. 2021-562, § 34, 3-18-2021)