A.

Powers and duties. In addition to any authority granted to the City Commission by state law, the Charter of the City of Sunny Isles Beach, or the Code of the City of Sunny Isles Beach, the City Commission shall have the powers and duties listed herein in regard to the LDRs. The City Commission's authority shall include but not be limited to approval, approval with conditions, or modifications or denial. The City Commission is designated as the land-planning agency for the City.

(1)

To act as the local planning agency under F.S. § 163.3174.

(2)

To adopt and amend the Official Zoning Map in accordance with the procedures outlined herein.

(3)

To adopt amendments these LDRs and the Comprehensive Plan.

(4)

To review and act upon applications for conditional uses in accordance with these LDRs.

(5)

To review and act upon applications for certain temporary uses in accordance with these LDRs.

(6)

To review and act upon variances from the development standards of these regulations.

(7)

To interpret uncertainties within the LDRs.

(8)

To hear and determine appeals from levels of service compliance in accordance with the procedures of this chapter.

(9)

To review and act upon final plats prior to recording in accordance with the procedures outlined herein.

(10)

To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, determination made by any administrative official acting pursuant to the LDRs, except where state or City regulations or these LDRs specifically provide otherwise.

(11)

To review and act upon applications for development approval for developments of regional impact (DRI) and to issue development orders in accordance with these LDRs.

(12)

To enter into development agreements.

(13)

To review and act upon plat revisions in accordance with these LDRs.

(14)

To review and act upon appeals to vested rights determinations.

B.

Development review process.

(1)

Creation of process. The City Manager or his/her designee, (hereinafter the "City Manager"), is hereby authorized to establish a development review process and to review and render recommendations on applications for development, conditional uses, temporary uses, variances, plats, development agreements, vested rights determinations and site plans and any other approval, condition or action contemplated by these LDRs and the Comprehensive Plan.

(2)

Determinations concerning uses or characteristics of uses not specified.

(a)

Applicability. Where there is substantial doubt as to whether a particular use or uses, or classes of uses, or characteristics of use not specifically identified in this zoning ordinance, are of the same general character as those listed as permitted or conditional uses, or where use restrictions are either not provided or require interpretation, the City Manager or his/her designee, upon request from any administrative agency, officer or department head of the City, or on his/her own initiative, shall make a determination in these matters, or on any issue regarding the development review process or intent of the land development regulation involved. He/she shall give due consideration to the intent of the zoning regulation concerning the district involved, the character of uses specifically identified, and the character of the use or uses in question and the intent of the drafters.

(b)

Appeal. On a determination made by the City Manager in the manner set out above, an application for an appeal from such determination may be made to the City Commission in writing, specifying the grounds for error, no later than 30 days from the issuance of the City Manager's decision. The application for appeal from the determination or interpretation shall be scheduled for hearing before the City Commission at the next regularly scheduled

(c)

Effect of findings by City Manager.

[1]

If in making the determination the City Manager finds that the determination or interpretation, as set forth in Subsection B(2)(a) above are of unusual or transitory nature or are unlikely to recur frequently and, unless his/her determination thereon is reversed on grounds of error on appeal to the City Commission, the determination shall thereafter be binding on all officers and agencies of the City as an administrative ruling, and without further action on, or amendment of this zoning ordinance.

[2]

Where the City Manager or City Attorney finds, in making the determination or interpretation as set forth in § 265-7B(2)(a) above that such determination or interpretation is likely to lead to public uncertainty and confusion, the City Attorney shall initiate a proposed amendment to the Land Development Regulations to rectify the omission. Notwithstanding the foregoing, until final action has been taken on such proposed amendment, the determination or interpretation of the City Manager shall be binding on all officers and agencies of the City as an interim administrative ruling.

(d)

Direct referral to the City Commission. At the City Manager's discretion, he/she may choose to take the matter for interpretation directly to the City Commission for direction.

(Amended 12-18-2003 by Ord. No. 2003-190)