20CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director
Date: November 13, 2013
epY
ITEM No.
South Miami
bOd
AII-Amerlca City
'11W
2001
An Ordinance amending Section 20-4.3(B) entitled Applicability and Definitions, Section 20-
4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(1)(2) entitled RT-
Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the amount of
signage allowed for garage sales.
BACKGROUND
At the October 1,2013 City Commission meeting, the Commission directed the Administration and staff
to draft appropriate legislation that would allow homeowners having a garage sale to be permitted
additional signage associated with their sale.
Currently the land development code only permits a homeowner to have one sign per garage sale, to be
located on the property where the sale is taking place. The City Commission felt that this did not provide
adequate exposure for the particular sale, and requested that they be allowed up to four signs that could be
placed at various locations within the right-of-way provided the signs did not obstruct pedestrian access
nor impede vehicular visibility.
At their November 12, 2013 regular meeting and following a public hearing, Planning Board reviewed
Application No. PB-13-031 and recommended changes to the proposed garage sale sign amendments.
The following are the proposed amendments to the current land development code.
PROPOSED AMENDMENTS
20-4.3 -Sign Regulations
(B) Applicability and Definitions
* * *
Sign, garage sale. Shall mean a temporary sign erected on private property for the purposes of
notifying the public of a garage sale.
Z:\Comll1ission Itell1s\20 l3\11-19-13\Garage Sale Sign All1cndll1cnt\Garage Sale Signs Amendll1ent_ CM rcport.doc
Garage Sale Sign age Amendment
November 19,2013
Page 20/3
* * *
(I) Zoning Districts
(1) RS-Single Family Residential Districts
* * *
GARAGE SALE
* * *
Up to One (1) four (4) GARAGE SALE SIGNS. are is permitted per
single-family residential dwelling unit, two times only, for two weekends
including Friday en-ly, per eaefl calendar year~, Signs may not to exceed
two (2) square feet in area. Said sign~ may en-ly be erected in compliance
with the provisions of Section 20-4.1 O(A)( 4) on the private property
"'ihere the garage sale is to be located from sunrise to sunset and shall
include the address for the location of the garage sale.
(2) RT-Townhouse Districts
* * *
GARAGE SALE
* * *
20-4.10 -Garage Sale
(A) Applicability
* * *
Up to One (1) four (4) GARAGE SALE SIGNS. are is permitted per
townhome or single-family residential dwelling unit, tv.'o times only, for
two weekends including Friday en-ly, per eaefl calendar year~, Signs may
not to exceed two (2) square feet in area. Said sign~ may en-ly be erected
in compliance with the provisions of Section 20-4.1 O(A)( 4) en-the
private property '",here the garage sale is to be located from sunrise to
sunset and shall include the address for the location of the garage sale.
(2) Before such permit shall be issued, the applicant shall file with the Code Enforcement Division
Finance Department an application containing the following information:
(a) Street address or legal description where such sale is to be conducted.
(b) Proof of ownership or lease of property.
(c) Dates of sale.
(d) Hours of sale.
(e) Notification of residents of properties on both sides of applicant.
(£) Location of Signs
Garage Sale Sign age Amendment
November 19,2013
Page 30/3
* * *
(4) Up to a total of Only one four (4) sign~ complying with the regulations listed in Section 20-
4.3(1) of the Land Development Code (not exceeding two square feet in size) may be displayed
on the property and within the vicinity of where such sale is being conducted. Up to two signs
advertising the garage sale are permitted to be displayed on private property where the garage
sale is being held. The remaining signs are permitted to be located near the base of the street
sign or utility pole at the intersection closest to the property conducting the garage sale. Signs
placed in these locations shall not impede visibility or pedestrian accessibility. The property,
sign shall not be erected or placed closer than five feet to the front or side property line. The
s.s.ign~ shall not be affixed to a tree~ er utility pole~~ or street sign. Immediately following the
completion of the garage sale, all signage must be removed. Any signs found after the
completion of the garage sale will be considered a violation of this section.
* * *
RECOMMENDATION
Staff recommends that the Commission consider the proposed amendments to the City's Land
Development Code Section 20-4.4(1)(1) -RS-Single Family Residential Districts; Section 20-4.3(1)(2)-
RT-Townhouse Districts; and Section 20-4.10 -Garage Sale.
Z:\Commission Jtems\2013\11-19-13\Garage Sale Sign Amendment\Garage Salc Signs Amcndment_CM report.doc
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 20-4.3(B) entitled Applicability and
4 Definitions, Section 20-4.3(1)(1) entitled RS-Single Family Residential
5 Districts, Section 20-4.3(1)(2) entitled RT -Townhouse Districts, and Section
6 20-4.10 entitled Garage Sale in order to increase the amount of signage
7 allowed for garage sales
8
9 WHEREAS, at its October 1, 2013 meeting, the City Commission expressed a desire to
10 revisit the regulations for garage sale signs; and
11
12 WHEREAS, the Land Development Code currently allows one sign per garage sale to be
13 located on the homeowners property; and
14
15 WHEREAS, additional signage will increase visibility of the garage sale, helping the
16 owner or lessees of the property garner a more successful sale; and
17
18 WHEREAS, at the November 12, 2013 meeting of the Planning Board following a
19 public hearing voted to recommend approval of Application PB-13-031, as amended, by a vote
20 of 6 ayes, 0 nays; and
21
22 WHEREAS, the City Commission IS desirous of accepting the Planning Board's
23 recommendation.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. Section 20-4.3(B), 20-4.3(1)(1), Section 20-4.3(1)(2), and Section 20-4. 1 O(A)
29 of the City of South Miami Land Development Code are hereby amended to read as follows:
30
31 20-4.3 -Sign Regulations
32
33 (B) Applicability and Definitions
34
35 * * *
36
37 Sign, garage sale. Shall mean a temporary sign erected on private property for the purposes
38 of notifying the public of a garage sale.
39
40 * * *
41
42 (1) Zoning Districts
43
44 (1) RS-Single Family Residential Districts
45
46
47
* * *
1
2
3
4
5
6
7
8
9
10
GARAGE SALE
11 * * *
12
2
Up to One (1) four (4) GARAGE SALE SIGN~ are is permitted
per single-family residential dwelling unit, 1\""0 times only, for two
weekends including Friday enly, per eaeh calendar year~, Signs
may not to exceed two (2) square feet in area. Said sign~ may enly
be erected in compliance with the provisions of Section 20-
4.l0CA)(4) on the private property where the garage sale is to be
located from sunrise to sunset and shall include the address for the
location of the garage sale.
13 (2) RT-Townhouse Districts
14
15
16
17
18
19
20
21
22
23
24
* * *
GARAGE SALE
25 * * *
26
27 20-4.10 -Garage Sale
28
29 (A) Applicability
30
31 * * *
32
Up to One (1) four (4) GARAGE SALE SIGN~ are is permitted
per townhome or single-family residential dwelling unit, t\'I"O times
enly, for two weekends including Friday enly, per eaeh calendar
year~, Signs may not to exceed two (2) square feet in area. Said
sign~ may enly be erected in compliance with the provisions of
Section 20-4.10CA)(4) on the private property where the garage
sale is to be located from sunrise to sunset and shall include the
address for the location of the garage sale.
33 (2) Before such permit shall be issued, the applicant shall file with the Code Enforcement
34 Division Finance Department an application containing the following information:
35 (a) Street address or legal description where such sale is to be conducted.
36 (b) Proof of ownership or lease of property.
3 7 (c) Dates of sale.
38 (d) Hours of sale.
39 ( e) Notification of residents of properties on both sides of applicant.
40 Cf) Location of Signs
41
42 * * *
43
44 (4) Up to a total of Only one four C 4) sign~ complying with the regulations listed in Section
45 20-4.3(I) of the Land Development Code (not exceeding two square feet in size) may
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be displayed on the property and within the VICInIty of where such sale is being
conducted. Up to two signs advertising the garage sale are permitted to be displayed on
private property where the garage sale is being held. The remaining signs are permitted
to be located near the base of the street sign or utility pole at the intersection closest to
the property conducting the garage sale. Signs placed in these locations shall not
impede visibility or pedestrian accessibility. The property, sign shall not be erected or
placed closer than five feet to the front or side property line. +he s.s.ign~ shall not be
affixed to a tree ... er utility pole ... -;-or street sign. Immediately following the completion of
the garage sale, all signs must be removed. Any signs found after the completion of the
garage sale will be considered a violation of this section.
Section 2. 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-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. 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 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections 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.
PASSED AND ENACTED this ___ day of _________ , 2013.
ATTEST:
CITY CLERK
15t Reading
2nd R d· ea mg
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY