A.

Purpose. In order to effectively protect and promote the general welfare and to accomplish the purposes of the City's Comprehensive Plan, the City is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability and use that are deemed most suitable for the health, safety and welfare of the community.

B.

Zoning districts.

(1)

For the purpose of regulating the use of land, water, building, form, population density, the intensity of use and provision of open space, the incorporated territory of the City of Sunny Isles Beach shall be divided into the classes of zoning districts as presented in this chapter, §§ 265-27 through 265-37, which may be referenced as the "Schedule of District Regulations."

(2)

The zoning districts contained herein generally correspond by name and purpose to the categories of the adopted Future Land Use Plan of the City's Comprehensive Plan, however, some districts may be applied to more than one Future Land Use Map category.

C.

Districts listed. Zoning districts, or classifications, as shown on the official schedule of district regulations and as delineated on the Official Zoning Map are as follows, with titles and abbreviations for symbol purposes as indicated:

D.

Zoning Map. The location and boundaries of the zoning districts established by this chapter are as indicated on the map entitled "Official Zoning Map, City of Sunny Isles Beach," a copy of which shall be on file in the Development Services Department. This map shall be presented on section sheets and each sheet properly identified and dated, is hereby adopted as a part of this chapter insofar as it indicates such designations, locations and boundaries of zoning districts, and the same shall be deemed to be as much a part of this chapter as if the same were fully set forth herein.

E.

Zoning of entire jurisdictional area. It is the intent of this chapter that the entire incorporated area of the City including all land, water areas, and waterways are included in the zoning districts established by this chapter. All water areas, waterways, alleys, roads, streets, highways, and other rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon same.

F.

Zoning district boundaries. In the event that uncertainties exist with respect to the intended boundaries of the various zoning districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Where such boundaries are indicated as approximately following the centerlines of streets, alleys, or waterways, such lines shall be construed to be such boundaries. In the event of vacation, the boundary shall be construed as remaining in such central location, except where ownership of vacated property is divided other than at its center, in which case the boundary shall be construed as moving with its ownership.

(2)

When such boundaries are indicated as approximately following the lines of lots or other parcels of record, and scale to be not more than ten feet distant there from, such lot or parcel lines shall be deemed to be such boundaries.

(3)

Where a zoning district boundary divides a parcel of land, the location of such boundary, unless dimensions shown on the map indicate the same, shall be determined by use of the scale appearing thereon, and scaled to the nearest foot.

(4)

Any zoning district boundary shown extended to or into any body of water bounding the City shall be deemed to extend straight to the City boundary.

(5)

Boundaries indicated, as approximately following mean high water lines or centerlines of canals, bays, or other bodies of water shall be construed as following such mean high water lines or centerlines. In the case of a change in mean high water line, the boundary shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such manner to avoid such change.

(6)

Where uncertainties continue to exist and/or further interpretation is required beyond that presented in the above paragraphs, the question shall be presented to the Development Services Director. Any person aggrieved by such decision made by the Development Services Director may appeal that decision to the City Commission.

G.

Bonus unit deposit required. An applicant shall be required to pay a ten percent nonrefundable deposit for any bonus units purchased at the time of approval of site plan. The deposit shall be paid within three working days of the date of City Commission approval of the site plan application. Failure to make such deposit within the prescribed time frame shall result in an automatic voiding of the City Commission approval. The requirements of this section shall apply to any zoning district in the City that provides monetary bonuses to increase the floor area ratio of a development project.

H.

Extension of bonus payments. The City Commission may extend payments due for purchase of bonus units upon recommendation of the City's Finance Director; provided, that the payment extension does not negatively impact the financial standing of the City and such extension is beneficial to the City. Any payment extension shall be subject to approval by the City Commission. The term of an extension and interest rate shall be recommended to the City Commission by the Finance Director or designee.

(Ord. No. 2012-385, § 2, 5-10-2012; Ord. No. 2012-389, § 3, 7-19-2012; Ord. No. 2021-562, § 34, 3-18-2021)