6South Miami
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CITY OF SOUTH MIAMI i
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Buford R. "Randy" Witt, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department JY
Date: August 3, 2010 ITEM No. ..
Sub'ect
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida amending the South Miami Code of Ordinances by amending Chapter 10A
Floods Article 2 Definitions "Manufactured home "; providing for severability;
providing for ordinances in conflict; and providing for an effective date.
BACKGROUND
This proposed draft ordinance is required in order to update another section of the City
Code which relates to new construction types and materials as permitted by the Florida
Building Code, and the recognition that modular buildings are being used throughout
Florida (Section 7 -17). The draft amendment amends City Code Section 10A, "Floods"
which has a definition of "Manufactured home" and at the same time also prohibits
manufactured homes. The prohibition of manufactured homes and mobile homes
remains, but the reference section is changed to Section 7 -17.
PROPOSED AMENDMENT
The proposed amendment changes the reference section of the code from Section 20-
1.3(C) to Section 7 -17. It is to be noted that the amendment continues the City's
prohibition of manufactured homes and mobile homes. The attached draft ordinance was
reviewed by the Environmental Review and Preservation Board at its meeting on January
19, 2010 The Board recommended that the amendment to the City Code be adopted.
The proposed language in the original version of the ordinance was as shown below:
Manufactured home means a building, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property. (Manuf etured homes and
Mobile homes are prohibited under seetion 20 of the
Go do
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Section 7 -17 of this Code.)
After further research into the definition of manufactured home and modular homes or
buildings, it was determined that the definition of "manufactured home" as it was in the
FEMA Flood ordinance should remain unchanged. Instead a change was made in the
proposed language in the proposed section 7 -17 to distinguish between the manufactured
type of construction and the modular type of construction.
Thus, the new proposed language for the Flood ordinance Section 10A is as follows:
Manufactured home means a building, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property. (Manufactured homes and mobile
homes are prohibited under see ^^ 1 '""` of the I —J P- welolp —e-` " ' Section 7-
17 of this Code.)
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Attachments:
Draft Ordinance
TJU /SAY
Z: (Comm ltems1201018- 3- 1010ty Code Amend Chap IOA Flood Defin CMReport.wbk
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I ORDINANCE NO.
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3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida amending the South Miami Code of Ordinances by amending Chapter 10a
5 Floods Article 2 Definitions "Manufactured home "; providing for severability;
6 providing for ordinances in conflict; and providing for an effective date.
7
8 WHEREAS, there are a number of types of construction allowed under the Florida
9 Building Code; and
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11 WHEREAS, during the past several decades the type of construction has expanded
12 to include construction types that are now appropriate for the construction of single family
13 houses as well as other types of buildings; and
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15 WHEREAS, the Environmental Review and Preservation Board at its meeting on
16 7animary 19, 2010 recommended the amendment to the City Codes; and
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18 WHEREAS, the City Commission desires to accept the recommendation of the
19 Environmental Review and Preservation Board and enact the aforesaid amendment.
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21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
22 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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24 Section 1. The City Commission hereby approves amending Chapter 10A of the City's
25 Code of Ordinances entitled "Floods" by making the following amendment:
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27 Chapter 10A FLOODS
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29 * **
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31 Article 2. DEFINITIONS
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33 * **
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35 Manufactured home means a building, transportable in one or more sections, which is
36 built on a permanent chassis and designed to be used with or without a permanent
37 foundation when connected to the required utilities. The term also includes park trailers,
38 travel trailers, and similar transportable structures placed on a site for 180 consecutive days
39 or longer and intended to be improved property. (Manufactured homes and mobile homes
40 are prohibited under Section 7 -17 of this
41 Code.
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43 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
44 ordinance are hereby repealed.
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46 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
47 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
48 affect the validity of the remaining portions of this ordinance.
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Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of 2010
APPROVED:
CITY CLERK MAYOR
1" Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley
Commissioner Harris:
Z: \Comm Items\2010 \8 -3 -10 \City Code Amend Chap 10A Resolution August- 2010.doc
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