6South Miami
GO•pmeftaCily
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Roger M. Carlton, Acting City Manag
From: Thomas J. Vageline, Director
Planning and Zoning Departmen T, A
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.
BACKGROUND
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:
Draft Resolution; Ord. No. 56 -08 -1991
TJIV /SAY
X 1Comm Itenu1201013 -16 -I MLDC Amend Spec Exception Limit Resol. CM Report. doc
I RESOLUTION NO.
2
3 A Resolution of the Mayor and City Commission of the City of South
4 Miami, Florida directing the Planning and Zoning Department and the
5 Planning Board to consider an ordinance revising Land Development
6 Code Section 20- 3.1(E) entitled "Business Outside a Building" in order to
7 clarify the current regulation by establishing specific limitations on type
8 and extent of conducting business outside of a building and a process for
9 obtaining both permanent and temporary permits; and providing for an
10 effective date.
11
12 WHEREAS, the Land Development Code was amended on December 2, 2008 by
13 Ordinance No. 56 =08 -1991 which added a new Section 20- 3.1(E) entitled "Business Outside a
14 Building" in order to codify a City policy that commercial uses are prohibited from conducting
15 business outside a building unless a proper permit was issued by the City; and
16
17 WHEREAS, the new section also provided that conducting business outside a
18 building was permitted if a zoning use permit or a special event permit was issued; and
19
20 WHEREAS, he Administration has received numerous requests to allow certain
21 types of business to conduct part of their business activities on the outside of the building,
22 including both permanent and temporary merchandize display; and
23
24 WHEREAS, the regulations adopted in 2008 did not provide specific limitations on
25 type and extent of conducting business outside of a building or for a process for obtaining both
26 permanent and temporary permits.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Section 1. That the Planning Board and the Planning and Zoning Department are requested to
32 initiate and recommend upon necessary legislation to amend Land Development Code Section 20-
33 3.1(E) entitled "Business Outside a Building" in order to clarify the current regulation by
34 establishing specific limitations on type and extent of conducting business outside of a building and
35 a process for obtaining both permanent and temporary permits.
36
37 Section 2. This resolution shall be effective immediately upon being approved.
38
39 PASSED AND ADOPTED this day of 2010
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41 ATTEST: APPROVED:
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45 CITY CLERK MAYOR
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Commission Vote:
READ AND APPROVED AS TO FORM Mayor Stoddard:
AND SUFFICIENCY: Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CITY ATTORNEY
X: \Comm Items\2010 \4- 19- 10\I.DC Amend Business Outside Build Resol.doe
ORDINANCE NO. 56-08-1991
AN ORDINANCE OF THE MAYOR AND CITY COT II IISSION OF THE CITY OF
SOUTH MIAMI, 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 BUILDING ", IN ORDER TO REQUIRE THAT ALL
COMMERCIAL ACTIVITIES CONDUCTED OUTSIDE A BUILDING MUST HAVE A
PROPERLY ISSUED LICENSE OR PERMIT ALLOWING FOR OUTDOOR USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;.
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Administration has ieceived numerous complaints that certain types of
business have been conducting 411 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 all 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 THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 20 -31 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)
is associated with the use Those outdoor uses that seek and obtain a permit from the City may
conduct the outdoor uses in accordance with the terms and conditions of the pennit. This section
codifies the long standing administrative policy and ractice of the City relatinv to uses of
structures and uses that extend outside of the structure as outdoor uses may impact requirements
relating to parking infrastructure noise,. and may create a nuisance situation. Any outdoor use
((allowed by zoning permit or special event approval) may be subject to enforcement action or
permit revocation if the activities adversely affects, intefferes or creates a nuisance in a public
right -of -away or to adjacent properties."
Ord. No, 56 -08 -1991,
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 day of December, 2008
ATTEST:
r.•.»�r.�.�.
I� Reading - 11 /18/08
2nd Reading -12 / 2 / 0 8
—CITY T Y
XAComm Items12 00811 1- I8- 081LDC Amend Bus Outside Build, Ord.doc
COMMISSION VOTE:
4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea