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1 ORDINANCE NO. ----------------
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3 An Ordinance amending Section 20-4.3(N) -banners over rights-of-
4 way, to allow for administrative review and approval of requests for
5 banners; providing a reference to the city's fee schedule; providing
6 additional requirements for applicant's responsibilities.
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8 WHEREAS, at a recent City Commission meeting, Commissioner Welsh requested that
9 the City consider regulations which would grant the City Manager administrative approval of
10 banners over the public right-of-way; and
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12 WHEREAS, the land development code currently requires all requests for banners over
13 public right-of way to be reviewed and approved by the City Commission;
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15 WHEREAS, administrative approval of such banners will streamline the process for
16 approvals; and
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18 WHEREAS, at their May 14, 2013 Planning Board meeting following a public hearing,
19 the board voted unanimously to recommend approval of an amended version of the proposed
20 ordinance, removing the fees from the land development code and referencing the City's adopted
21 fee schedule; and
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23 WHEREAS, the City Commission IS desirous of accepting the Planning Board's
24 recommendation.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. Section 20-4.3(N) of the City of South Miami Land Development Code is
30 hereby amended to read as follows:
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Section 20-4.3
(N) Banners over Rights-ai-Way.
(1)
(2)
Organizations wishing to display a banner over rights-of-way in the City
of South Miami must submit to the Planning Department a "Banner
Request" application to the Planning Department at least thirty (30) days
in advance of the banner installation date. event.
The city commission manager will review all requests and will determine
whether the request conforms to the following guidelines:
(a) Only not for profit organizations may display banners;
(b) Banners for no more than three (3) special events shall be
displayed at any given time;
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(3)
(4)
(c)
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Banners may only be displayed ten (10) to fourteen (14) days
before the advertised event takes place-;-, and banners must be
removed within five (5) days after the end of the special event.
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(d) Banner design, artwork, color, size, proposed location and wording
must be approved by the city commission manager, and must be
submitted along with request.
The organization displaying a banner must provide proof of public liability
insurance naming the City of South Miami as additionally named insured
for the period of time banner is displayed.
The organization requesting the banner shall pay a fee establi hed in the
city's adopted fee schedule. T1he organization must pay a two hlHldred
and fifty dollar ($250.00) fee in advance, or the actual cost incurred by the
city to hang and remove the banner, whichever is greater. Local entities
within the City of South Miami, or events that are held within the
municipal boundaries of lhe ity will b eligib le [or a % disc unl of the
established fee. The city commission may adjust this fee from time to
time in order to reflect the current costs of installation. The city or one
(1) of the firms approved by the city to hang and remove the banners will
be the only entities performing this task.
Banners shall be dropped off for installation and picked up after removal
at the 'ity's Public Works Deparbnent at times determined by the Public
Works Department. It is the applicant's responsibility to coUect their
banners within five (5) business days following the event. The Public
Works Department shall dispose of all banners not picked up by the
applicant within the specified time frame. Banners not delivered and/or
picked up in a timely manner may incur an additional fee for installation
or storage.
29 Section 2. Codification. The provisions of this ordinance shall become and be made
30 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
31 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
32 "ordinance" may be changed to "section" or other appropriate word.
33 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
35 shall not affect the validity of the remaining portions of this ordinance.
36 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
37 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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39 Section 5. Effective Date. This Ordinance shall become effective immediately upon
40 adoption.
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PASSED AND ADOPTED this __ , day of ___ , 2013 .
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ATTEST:
CITY CLERK
1 st Reading:
2nd Reading:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
20 Commissioner Harris:
21 Commissioner Welsh:
22 CITY ATTORNEY
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MIAMI DAILY BUSINESS REVIEW
Published Dail y excepl Sa lurday, Sunday and
Le ga l Holi days
Miam i , Miam i-Dade Co un ty , Fl orida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Mi a mi Daily Business
Review f/k/a Miami Review, a d a ily (except Saturday, Sunday
and Leg a l Holidays) newspaper, publ is hed at Miami in Miami-Dade
County, Florida ; that the attac hed copy of advertisement ,
being a Legal Advertis ement of Notic e in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 18,2013
in the XXXX Court,
was published in said newspaper in the issues of
06/07/2013
Affiant fu rther says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuous ly published in said Miami-Dade County,
Florida , each day (except Saturday , Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County , Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re b , mmls -on or refund for the purpose
of s e ' . ertisement o r public ation in the said
spaper.
07 day of JUNE ,A .D . 2013
(SEAL)
MARIA MESA personally kn o wn to me
i~,¥:I~ Notary Public State of Flori da
• ': C heryl H Marmer
~ 'u My Commission EE 1895 28
of,,,d> Expires 0 7 /18/2016
II
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearing(s) at its regul ar City
Commission meeting scheduled for Tuesday, June 18, 2013, beginning
at 7:00 p_m., in the City Commission Chambers, 6130 Sunset Drive , to
consider the following item(s):
A Resolution to approve a multi-year employment agreement
between the City of South Miami and Steven Alexander to
provide City Manager Services .
A Resolution relating to a request pursuant to Section
20-3.4(8)(6) of the City of Sou1h Miami Land Development Code
for Special Use Approval, to locate a used merchandise store :
consignment goods, at 5770 SW 72 Street within Ihe Specialty
Retail 'SR', Hometown District Overlay 'HD-OV'_
A Resolution related to a request pursuant to Section
20-3.4(B)(4)(b) of the City of South Miami Land Development
Code for Special Use Approval to locate a general restaurant at
5818 South Dixie Highway within the Specialty Retail 'SR',
. Hometown District Overlay ·HO-OV'.
A Resofution related to a request pursuant to Section
20-7.6(C)(2)(b) of the City of South Miami Land Development
Code requesting a Special Exception waiving strict compliance
with the provisions of the Hometown District Overlay parking
requirements, to locate a general restaurant at 581 8 South Dixie
Highway within the Specialty Retail 'SR", Hometown District
Overlay "HD-OV·.
An Ordinance amending Section 15-93, titled "Noise-creating
blowers, power fans , or internal combustion engines, outdoor
powered tools and other equipment" of the existing noiSe
ordiriance.
An Ordinance amending the Code of Ordinances Section 15 -1
-Reserved, prohibiting the operation of helipads and the landing
or takeoff of helicopters .. or other. aircraft with ,the city limits
except in the case of police, fire or similar civil' emergency, and
creating Section 15-1 (A) titled "Penalty", 'to include penalties for
Violations, and providing for cOnflicts.
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An Ordinance a~il dl ng Secti on 20-4_G(N) -ban ners ov er)
rl ghls-oj -way, to allow for adlTllnlslra tlve reVIew aild app.roval 01 '
_llIq l[a:s~ for banne rw providIn g a reference to the city'-s fee
scfl9'dule: pro viding ad\fltloni!l requirements fur appllcanfs
responsibilities and"prXlVldlng tor con flf~ts. .
, ALLinteresied parties are Invited to attend and will be heard .
For further information, please contact the City Clerk's Office
at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person-lIecldes to appeal any decision made by this
Board, Agency or Commission . with respect to any . matter considered at
its meeting or hearing; he or she will need a record of the proceedings ,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings Is made which record includes the
testimony and evidence upon which the appeal Is to be based .
6(7 13-3-26212099290M