Res No 091-10-13125RESOLUTION NO. 91-10-13125
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida directing the Planning and Zoning Department and the
Planning Board to consider an ordinance revising Land Development
Code Section 20- 3.1(E) entitled "Business Outside a Building" in order to
clarify the current regulation by establishing specific limitations on type
and extent of conducting business outside of a building and a process for
obtaining both permanent and temporary permits; and providing for an
effective date.
WHEREAS, the Land Development Code was amended on December 2, 2008 by
Ordinance No. 56 -08 -1991 which added a new Section 20- 3.1(E) entitled "Business Outside a
Building" in order to codify a City policy that commercial uses are prohibited from conducting
business outside a building unless a proper permit was issued by the City; and
WHEREAS, the new section also provided that conducting business outside a
building was permitted if a zoning use permit or a special event permit was issued; and
WHEREAS, he Administration has received numerous requests to allow certain
types of business to conduct part of their business activities on the outside of the building,
including both permanent and temporary merchandize display; and
WHEREAS, the regulations adopted in 2008 did not provide specific limitations on
type and extent of conducting business outside of a building or for a process for obtaining both
permanent and temporary permits.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Planning Board and the Planning and Zoning Department are requested to
initiate and recommend upon necessary legislation to amend Land Development Code Section 20-
3.1(E) entitled "Business Outside a Building" in order to clarify the current regulation by
establishing specific limitations on type and extent of conducting business outside of a building and
a process for obtaining both permanent and temporary permits.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 4thday of May , 2010
ATTEST: APPROVED:
CITY CLERK MAYOIC
Res. No. 91 -10 -13125
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
W71
CITY ATTORNEY
X: \Comm Items \2010 \4- 19- 10\LDC Amend Business Outside Build Resol.doc
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
South Miami
AD- AM94COMW
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER 200
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Roger M. Carlton, Acting City Manag Wa�
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: April 19, 2010 ITEM No.,
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida directing the Planning and Zoning Department and the Planning Board to
consider an ordinance revising Land Development Code Section 20- 3.1(E) entitled
"Business Outside a Building" in order to clarify the current regulation by
establishing specific limitations on type and extent of conducting business outside of
a building and a process for obtaining both permanent and temporary permits; and
providing for an effective date.
EltlVAlITA \V Visa..
The Land Development Code was amended on December 2, 2008 by Ordinance No. 56-
08 -1991 which added a new Section 20- 3.1(E) entitled `Business Outside a Building" in
order to codify a City policy that commercial uses are prohibited from conducting
business outside a building unless a proper permit was issued by the City. This new
section also provided that conducting business outside a building was permitted if a
zoning use permit or a special event permit was issued.
In the past few months the Administration has received numerous requests to allow
certain types of business to conduct part of their business activities on the outside of the
building, including both permanent and temporary merchandise display. The
regulations adopted in 2008 did not provide specific limitations on type and extent of
conducting business outside of a building or for a process for obtaining both permanent
and temporary permits. In order to review this situation and suggest additional
requirements and procedures the attached resolution will refer the item to the Planning
Board and the Planning and Zoning Department.
RECOMMENDATION
It is recommended that the attached draft resolution be approved.
Attachments:
DraJ2 Resolution; Ord No. 56 -08 -1991
T VISAY
XVComm Ilems1201013- 16- 101LDC Amend Spec Exception Limit Resol. CM Report doc
ORDINANCE NO.56 -08 -1991
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION . OF THE CITY OF
SOUTH MiAMC, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.1(E) TO BE ENTITLED
"BUSINESS .OUTSIDE A BUMI)ING ", IN ORDER TO REQUIRE THAT ALL
COMl12ERCML ACTIVITIES CONDUCTED OUTSIDE A BUILDING MUST HAVE A
PROPERLY ISSUED LICENSE OR PERMIT ALLOWING FOR OUTDOOR USE;
PROVIDING FOR SEVERABILTTY; PROVIDING FOR ORDINANCES IN CONFLICT;.
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Administration has 'received numerous complaints that certain types of
business have been conducting all or part of,their business activities on the outside of the building
without proper license, certificate of use or special approval; and
WHEREAS, this activity can be detrimental and unfair to near -by businesses and
residents in the same vicinity and therefore it is appropriate for local governments to regulate this
type of activity; and
WHEREAS, it has been the City's long-standing policy that business activities can only -be
conducted inside a building unless specifically allowed as a.permitted use (license or certificate of
use) or by special approval by the Administration or the City Commission.; and
WHEREAS, an amendment to the Land Development Code would memorialize this
existing policy and would provide a specific regulation on conducting alI or part of business
activities on the outside of the building without proper license, certificate of use or special
approval ;and
WHEREAS, the Planning Board at its October 28, 2008 meeting, after public hearing,
the Board adopted a motion recommending approval of the proposed amendment by a vote of 4
ayes and 2 nays; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF TTTE.CITY OF SOUTH MCANR, FLORIDA:
Section 1 That Section 20-3.1 entitled "-Zoning use districts and purposes" of the Land
Development Code is hereby amended to add the following:
Section 20-3.1 Zoning use districts and purposes.
(A) — (D)
relating to uarldng infrastructure noise and may create a nuisance situation. Any outdoor use
Ord. No, 56- 08- 1991.
z
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed_
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 2nd dyof December,2008
ATTEST: APPROVED: t
I'Reading- 11 /18/08
2°d Reading -12 / 2 / 0 8
READ AND APPROVED AS TO FORM:
i Y --
X':\Comm REmsV008U I48.08V -DC Amend Be$ Outside BtdId4 Ord doc
COMtvMSIOIN VOTE:
4 -0
Mayor Folio:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer.
Yea
Commissioner Beckman:
Yea