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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
The Honorable Mayor Stoddard and Members of the City Commission
Hector Mirabile, Ph.D., City Manager ~ ,
Christopher Brimo, AICP; Director rf /
Planning and Zoning Department ./
August 16,2011 ITEM No. --,,-,_3 __ _
Subject:
An Ordinance amending the Land Development Code by deleting Section 20-3.1(E) titled
"Business Outside a Building", inserting new Section 20-3.6 (V) to be titled "Commercial
Activity Conducted Outside of a Building" to provide regulations for outside merchandise
display; establishing exceptions, a process for permitting, and limitations on the display.
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
commercia! 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.
CURRENT LDC REGULATION
The current regulations adopted in 2008 shown below were a response to a number of complaints
concerning businesses using sidewalks and rights-of-way to conduct outdoor activities. At that time, the
legislation drafted by the City Attorney 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.
Section 20-3.1
"(E) Business Outside a Building -No commercial use within any commercial or mixed use
district shall be permitted to be conducted outside of the building. unless a properly issued
permit 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
permit. This section codifies the long-standing administrative policy and practice of the
City relating 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,
interferes, or creates a nuisance in a public right-of-away or to adjacent properties. "
PROPOSED AMENDMENTS
In 2010 the Administration 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 City Commission at its May 4, 2010 meeting adopted Resolution No. 91-10-
13125 requesting the Planning Board and the Planning and Zoning Department re-examine the current
regulations in order to clarify the current regulations 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.
April 27, 2010: The Planning Board conducted an open informal discussion on possible changes to the
existing regulations based upon comments made by several business owners and representatives in the
area. The owners and business representatives stated that because of difficult economic times the ability to
maximize exposure of products sold was needed and that outside displays would create interest and attract
customers. A number of ideas were proposed and staff was directed to prepare an appropriate amendment
to the current regulations.
May 25, 2010: The Planning and Zoning Department presented a first draft of a proposed amendment to
the Land Development Code with separate standards set forth for business displays on private property
and for displays on public sidewalks. The overall concept was to have regulations that are measurable and
definable and allows some outside display of retail merchandise as requested. After a public hearing, the
Planning Board deferred the item so that staff could conduct additional research.
June 15,2010: The Planning Board conducted a second hearing on the proposed changes to the existing
regulations. After discussion it was determined that there may be too many obstacles to the business
outside a building concept to work along public sidewalks. The topics of City liability, transitions
between properties wishing to participate, access from the curb parking areas, on-site regulation may be
intensive, keeping parking spaces open for customers and a need to add parking spaces for the additional
square footage of the outside space used for merchandising. The resulting vote of the Planning Board was
to delete the section related to public sidewalks, and to add the parking requirement for the space used
outside on private property.
July 13, 2010: The Plauning Board approved the proposed wording of the outside display of retail
merchandise ordinance for all areas except on public sidewalks. The Board asked that the Planning and
Zoning Department review the outdoor display of retail merchandise on public sidewalks and provide new
language that may alleviate some of the issues associated with the display on public sidewalks at a future
meeting.
August 10,2010: The Planning Board held a public hearing on the item commercial activity conducted
outside of a building on public sidewalks. During the discussion of this matter, it was found that in some
portions of the City there are store fronts that appear to be at the edge of a public sidewalk, however, they
actually have a section of private sidewalk between the front fa<;ade of the building and the edge of the
public sidewalk. This occurs along the south side of SW 73 Street between SW 58 Avenue and SW 58
Court. In order to further research this matter and to be sure that the information upon which a decision is
to be made is complete, the Board denied the item for public sidewalks by a vote of 4 to 3. The Board
then passed a motion to return the private property item (previously approved by the Planning Board) to
the Planning Board for more analysis. This motion passed by a vote of 5 ayes to 2 nays. The Planning
staff then recombined the public sidewalk regulations with the private property regulations into one draft
ordinance.
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September 23,2010: The item was deferred to the October, 2010 meeting.
October 26, 2010: The Planning staff presented the revised amendment to the Board. It included
regulations for business outside a building on both private property and public sidewalks. In order to
limit the areas of the City in which this ordinance would be in effect the proposed amendment would limit
the application of this ordinance to the Zoning Use Districts ofSR, NR and TODD MU-5.
PLANNING BOARD ACTION
The Planning Board at its meeting on October 26,2010 conducted a public hearing and adopted a motion
by a vote of 4 ayes 2 nays (Ms. Yates, Mr. Morton) recommending that:
(1) LDC Section 20-3.1 (E), the current regulations on business outside of a building (above), be
removed from the Code;
(2) The "Supplemental Regulations" chapter be amended to include a new section entitled "Sec. 20-
3.6 (V) Commercial Activity Conducted Outside of a Building", as set forth in the attached draft
ordinance with the exception that business outside a building not be permitted on public sidewalks;
this would remove Subsection (5) "Public Sidewalks" and Subsection (6)(b).
At the May 3, 2011 regular meeting, the City Commission moved to amend the proposed ordinance by
deleting the entire subsection (5) that regulates merchandise on Public Sidewalks; and deleting the
reference to public sidewalks in subsection (6) Limited Effective Area. These changes are incorporated in
the current draft before the Commission.
This item was deferred at the August 2, 2011 regular commission meeting, however there was general
discussion regarding provisions to include "bicycles" as a recognized outside use. These
recommendations have been enumerated in the proposed ordinance that is before the Commission on first
reading.
RECOMMENDATION
Staff recommends the following amendments to the proposed ordinance:
Section 20-3.6(V) (2)(d)
The maximum square footage proposed for the outdoor display of merchandise is 10% of the gross square
footage of the interior of the business. It is recommended that the last sentence "Additional parking
spaces are required for all additional square footage of outdoor display; " be deleted since the language
already establishes a maximum display area.
Section 20-3.6(V) (2)(e)
The phrase "carried by vehicle" would seem to automatically put all (or most) outdoor sales in
violation of this proposed ordinance, since most people typically will place their merchandise
purchases in a vehicle. It is recommended that word "vehicle" be deleted.
Section 20-3.6(V) (2)(g)
Staff recommends removing the reference to the actual cost of the permit ($250) from the ordinance
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language, and referencing the City's Schedule of Fees instead. Otherwise, it will be difficult to modify the
fee without an amendment to the ordinance, which will require publication and two readings.
Section 20-3.6(V) (3)(b) and (3)(c)
The word "Automobile" has been replaced with "Vehicle".
Section 20-3.6(V) (3)(d)
The word "Automobile" has been replaced with "Motor Vehicle".
Section 20-3.6(V) (3)( e)
"Bicycle rentals, sales and service" has been added to address the City Commission's desire for
these uses to be considered as recognized outside uses.
Attachments:
Draft ordinance
Resolution No. 91-10-13125
Ordinance No. 56-08-1991
Planning and Zoning Department Staff Report 10-26-10
Planning Board Meeting Excerpt 10-26-10
CB
Z:IComm Items120 1118-2-11 ILDC Amend Business Outside Building CM Report _7-26-II.doc
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1 ORDINANCE NO. ___ _
2
3 An Ordinance amending the Land Development Code by deleting Section 20-3.1(E) titled
4 "Business Outside a Building", inserting new Section 20-3.6 (V) to be titled "Commercial
5 Activity Conducted Outside of a Building" to provide regulations for outside merchandise
6 display; establishing exceptions, a process for permitting, and limitations on the display.
7
8 WHEREAS, the Land Development Code was amended on December 2, 2008 by
9 Ordinance No. 56-08-1991 which added a new Section 20-3.1(E) titled "Business Outside a
10 Building" in order to codifY a City policy that commercial uses are prohibited from conducting
11 business outside a building unless a proper permit was issued by the City; and
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13 WHEREAS, the new section also provided that conducting business outside a
14 building was permitted if a zoning use permit or a special event permit was issued; and
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16 WHEREAS, the Administration has received numerous requests to allow certain
17 types of business to conduct part of their business activities on the outside of the building,
18 including both permanent and temporary merchandize display; and
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20 WHEREAS, the regulations adopted in 2008 did not provide specific limitations on
21 type and extent of conducting business outside of a building or for a process for obtaining both
22 permanent and temporary permits; and
23
24 WHEREAS, the City Commission at its May 4, 2010 meeting adopted Resolution
25 No. 91-10-13125 requesting the Planning Board and the Planning and Zoning Department to re-
26 examine the current regulations in order to clarifY the current regulations by establishing specific
27 limitations on type and extent of conducting business outside of a building and a process for
28 obtaining both permanent and temporary permits; and
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30 WHEREAS, the Planning Board discussed potential amendments to the Land
31 Development Code and conducted public hearings on draft legislation at its meetings on April 27,
32 2010, June 15,2010, July 13,2010, August 10, 2010; and
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34 WHEREAS, the Planning Board at its October 26, 2010 meeting following a public
35 hearing, adopted a motion by a vote of 4 ayes 2 nays recommending that the Land Development
36 Code be amended by removing from the Code Section 20-3.1 (E), the current regulations on
37 business outside of a building and to add a new section titled "Sec. 20-3.6 (V) Commercial Activity
38 Conducted Outside of a Building", as set forth in the attached draft ordinance with the exception
39 that Subsection (5) "Public Sidewalks" and Subsection (6)(b) which allows business outside
40 building on public sidewalks be removed.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
43 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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1 Section 1. That Land Development Code Section 20-3.1 (E) titled "Business Outside a
2 Building", as set forth below, is hereby removed.
3
4 Section 20-3.1
5 "(E) Business Outside a Building 1'10 commereial use vnthin any eommercial or milled use
6 distriet shall be permitted to be eondueted outside of the building, unless a properly issued permit
7 is assoeiated Veith the use. Those outdoor uses that seek and obtain a permit from the City may
8 eonduct the outdoor uses in aeeordanee with the terms and eonditiens of the permit. This seetion
9 eodifies the long standing administrative poliey and practiee of the City relating to uses of
10 struetures and uses that elltend outside of the structure, as outdoor uses may impaet requirements
II relating to parking, infrastrueture, noise, and may ereate a nuisanee situation. ,\ny outdoor use
12 (allowed by >!Ooning permit or speeial event approval) may be subjeet to enforeement action or
13 permit revocation if the activities adYersely affeets, interferes, or ereates a nuisanee in a publie
14 right of away or to adjaeent properties."
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16 Section 2. A new Section 20-3.6(V) is hereby incorporated into the Land Development Code
17 in Section 20-3.6 Supplemental Regulations, and should read as follows:
18
19 Section 20-3.6 Supplemental regulations
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21 Sec. 20-3.6 0') Commercial Activity Conducted Outside of a Building
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23 (1) No commercial activity with the exception of those uses and activities listed in Section
24 (3) and (4) below shall be allowed to be conducted outside of a building, unless a proper
25 permit is issued pursuant to the regulations set forth in this section.
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27 (2) PRIVATE PROPERTY -Outside retail merchandise display set out on private
28 property shall be permitted subject to the following limitations and conditions;
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30 (a) The outside merchandise display may only include items which are sold
31 inside the building of the business; the business must have a valid current
32 business tax receipt (occupational license);
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34 (b) A restaurant may not have an outside display of retail merchandise;
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36 (c) The outside display of retail merchandise may not be placed on any vehicular
37 parking spaces or in any area which blocks access to or from a required
38 vehicular parking area;
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40 (d) The outside merchandise display may only occupy a maximum square footage
41 of ten percent (10%) of the gross square footage occupied by the business
42 inside the building; the posted permit as required by subsection (j) below,
43 shall indicate the square footage of the business inside the building and the
44 square footage occupied by the outside display of retail merchandise.
45 Additional parking spaces are required for all additional square footage of
46 outdoor display.
47
48 (e) The outside merchandise display may only include retail merchandise that
49 can be immediately carried away by a customer after purchase; merchandise
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1 which requires delivery to the customer or requires being carried by vehiele,
2 hand trnck or similar devise is prohibited from being displayed outside the
3 business;
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5 (1) The outside merchandise may only be displayed while the business is open
6 and must be removed on or before the close of business for each calendar
7 day;
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9 (g) Retail merchandise display set out on private property must obtain a permit
10 from the Code Enforcement Department as set forth in the City's Schedule of
11 Fees.
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13 (h) The outside display of retail merchandise permit regulations will be enforced
14 using procedures set forth in the Code of Ordinances;
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16 (i) The outside display of retail merchandise permit may be revoked by the City
17 Manager upon finding that one or more conditions of these regulations were
18 violated, or that the outside display of retail merchandise is being operated in
19 a manner which constitutes a public nuisance or in any way constitutes a
20 reasonable risk of potentialliabilitv to the City;
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22 G) Any business purchasing an outside display of retail merchandise permit
23 consents to abide by the limitations and conditions set forth in this ordinance
24 and shall display the required permit so that it is visible on the outside of
25 the building during any period when there is an outside display of retail
26 merchandise; a cOPY of this ordinance shall. be furnished to all businesses
27 purchasing an outside display of retail merchandise permit.
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29 (3) RECOGNIZED OUTSIDE USES -The following permitted and licensed uses are
30 recognized as businesses which must conduct commercial business outside of a building;
31 however, the placement of retail merchandise outside of a building by the listed businesses
32 shall nevertheless comply with the provisions of require adherence to the requirements,
33 limitations and conditions concerning displays of merchandise outside of a business:
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35 (a) Agricultural farming activities on public property;
36 (b) Automobile Vehicle repair and detailing;
3 7 (c) Automobile Vehicle sales;
3 8 (d) Automobile Motor Vehicle service stations;
39 (e) Bicycle rentals, sales, and service;
40 (1) Commercial nurseries;
41 (g) Outdoor dining/seating areas when part of a permitted and licensed
42 restaurant.
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44 (4) SPECIAL EVENTS EXEMPTED -Retail sales and activities associated
45 with special events such as, but not limited to, art fairs, art festivals, fund raising events,
46 and special promotion programs which have received a Special Events Permit from the
47 City shall not be required to obtain a permit for the outside display of retail
48 merchandise as set forth in this ordinance.
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, T, Oatside retail merehaHdise display set. oat OH pablie
($) PUBLIC SIDE~n!-,~ b' t to the follewiHg limitatioHs aHd cOHditieHs: sidewaliliS shall be permIt.e sa lee
, lade merehaBdise that is sold iBside the (a) The oatside display may eHIy I:e. mast ha"e a valid earreHt basiHess baildiBg ef the basiBess aBd tHe asmess •
tax reeeipt (oeeapatioBallieeHse);
(b) The oatside display may eBly be loeated direetiv iH freHt oCthe bailding spaee
oeeapied by the basiness;
(e) u res aa _ • t rant may not haye an oatside display of retail merehandise;
" 'I" extend oat a maximam distanee (d) The loeation of the oatslde dlSPIT ~al ;ny the froHt faeade of the bailding of two (2) feet measared perpen lea arrom
aHd be no wider than foar (4) fee It , I d eatalo"'s broehares or retail 'd d' I" ma~' on·v Ine a e ,. ,
(e) The eatsl elsp IIrZ ;diatep' earried away by a eastemer after
merehandise that e~n be Imm 'res ~elwery by a vehiele to the eestemer
parehase; mereha~!hse th~t r:.~al" h' I 's !3Fohibited from being displ9'\'ed or that reQaires bemg earrled In a ,e Ie e I _
oatside the baildingj
, "th aH" displa" raelos, equipment or deviees (I) The oatside merehandlse ~Iong VI: ,', ... e~ and mast be removed OH or
mIPI on'" be displaved while the .,asmess IS 0" ,.
before the elose of basiness for eaeh ealendar dlft,
, '" ilblie sidewallliS shall be limited to the (g) Retail merehaHEhse dlspla, s,et ~at OH F 'dIP' night at 1i:99 PM and ending OH weel.eHds of eaeh month begmnmg on rl,
SaHdav Hight at 12:99 midnightj
, h d' aermits mast be obtained from (h) MOHthly outside displav of retail mere aH I:e t forth in the Citv's sehedale
the Cade Enforeement DepartmeHt at a eos se
offeesj
, h dise permit shall be issaed withoat the (i) Na oatside display retail mere aH t r b 'litv iHsaraHee in the amouHt of aHe
applieaHt pro\'iding proof af eaFren 19 I. and two million dollars
million dollars ($1,999,999) per oe~aFF:::eCitv as an additioHal Hamed
(S2,999,999,99) in, t~e aggregatt~fi Ha~lIngto the City withiH d9 days af aH insilred aBd pro\'ldmg for no I ea lOB,
modifieatioH to ar eaneellation of the poheY;
(j) The outside displav of retail merehandise per~it reg~latioHs will be enforees
asing praeedares set forth iH the Code of OrdlHanees,
, d' ermit may be Fll'Iol.ed by the City (I.) The oats ide display of retail merehan Ise p ditians of these regalatioBs haye
fiBdin!!: that one or more eOH ... '
Manager apOH 'd d' 11f" of retail merehandise is .,emg
beeH vialated, aF that the oatsl eft I:Ps ~ !mblie nuisance, or in any way o erated in a manner that eons I a e _ ,
e;nstitates a reasonable risl. of patentialliabilitv to the City;
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(I) AIl-? busill-ess purehasill-g all-"utside disBlay of retail merehall-dise permit
eOll-sell-ts to abide bv the limitatioll-s all-d eOll-ditioll-s set forth ill-this ordill-all-ee
all-d agrees to display the required Bermit so as to be yisible on the outside of
the building during any period when there is an outside display of retail
merehandise; a eo BY of this erdinanee shall be furnished to all businesses
purehasing an outside disBlay of retail merehandise Bermit.
(6) LIMITED EFFECTIVE AREA
(a) The rights and privileges granted by this ordinance are available only
to properties located within the Zoning Use Districts of SR, NR and
TODD-MUS.
(b) A business establishment may only place outdoor displays on eitheF
private property OR Bublie sidewalliS, but not both.
Section 3. Codification. The provisions of this ordinance shall become and be made part of the Code of
Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-
lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
Section 4. Severability. 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 5. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of
ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire
ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be
harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If
the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two
ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption.
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PASSED AND ADOPTED this __ , day of ____ ,,2011.
ATTEST:
CITY CLERK
1st Reading-
2nd Reading-
READ AND APPROVED AS TO FORM,
LANGUAGE, EXECUTION AND LEGALITY:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Z:IComm Items1201 118-2-1 IILDC Amend Business Outside Building Ord_8-9-ll.doc
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