29CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Steven J. Alexander, City Manager
From: Christopher Brimo, AICP (31~
Planning Director /
Date: April 30, 2014 ITEM No.
South Miami
bf)st iiiir
2001
An Ordinance amending Section 20-2.3 -Definitions, to include a definition for Temporary
Structures and Section 20-3.6(1) titled Accessory Structures or Uses
SUMMARY OF REQUEST
The City Administration is requesting a review of a proposed amendment to Section 20-3.3 of the land
development code to include a definition of temporary structures, and an amendment to Section 20-3.6(1)
-accessory structures and uses to include regulations for such structures.
Currently the Florida Building Code -Section 108 regulates temporary structures and uses. The intent of
the proposed amendment is to provide some guidelines to the placement and limitations on the use of
these types of structures.
At its April 8, 2014 Planning Board meeting, the Board discussed amendments to both the Definitions,
Section 20-2.3 and Supplementary Regulations, Section 20-3.6 of the City'S Land Development Code that
would create guidelines pertaining to temporary structures. At the meeting, the City Attorney
recommended that the following modifications to the proposed ordinance be made:
20-2.3 -Definitions
* * *
Temporary Structure. shall include a permitted structure, that is not constructed in the public right of
way, without a foundation or footings and is either portable or easily disassembled.
* * *
Temporary Structure Ordinance
4-30-14
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20-3.6 -Supplemental Regulations
(1) Accessory Structures or Uses
1) No accessory structure shall be constructed upon a lot until construction of the principal
structure or use has commenced.
2) No accessory structure shall be used unless the principal structure on the lot is also being used.
3) No accessory structures or uses shall be located within any required yard setback area, except as
permitted in subsection (4) below.
4) Accessory structures or uses may be located in a required rear yard, provided such structures or
uses do not occupy more than thirty (30) percent of required setback areas and provided further
that such accessory buildings do not exceed one (1) story or twelve (12) feet in height above
grade.
5) Accessory structures or uses shall be located not less than five (5) feet from any rear or side lot
line. No accessory structures or uses shall be located in the required setbacks that are adjacent to
a street right-of-way line; nor shall any accessory structures be located less than five (5) feet
from any rear lot line.
6) Canvas tents and cabanas, used for temporary shelter and not containing cooking facilities, shall
be subject to the accessory structure regulations.
(7) Temporary Structures.
(a) The building official is authorized to issue a permit for temporary structures and uses that are
not constructed within the public right-of-way. Permits shall be limited as to time of service,
but shall not be permitted for more than one hundred and eighty (180) days. The building
official is authorized to grant extensions for a demonstrated cause.
(b) Temporary structures shall be subject to the location requirements for accessory structures.
The city manager or designee may authorize an alternate location for said structure for a
demonstrated cause.
RECOMMENDATION:
The Planning Board at their April 8, 2014 regular meeting and following a public hearing, made a motion
to recommend approval of the proposed amendments enumerated above, vote of 5 ayes; 1 nays. Staff also
recommends that the City Commission approve the proposed changes to the Land Development Code.
Z:\COllll11issiOIl ltcllls\20 14\05-05-14\Tclllporary Structures\Tclllporary Structures _ CM Report.docx
1 ORDINANCE NO. ------------------
2
3 An Ordinance amending Section 20-2.3 -Definitions, to include a definition
4 for Temporary Structures and Section 20-3.6(1) titled Accessory Structures
5 or Uses
6
7 WHEREAS, the City Administration requested that the Planning Department address the issue of
8 temporary structures in the land development code by providing a definition and regulations; and
9
10 WHEREAS, after review of similar regulations from other municipalities, it was determined that
11 temporary structures are governed by the Florida Building Code, giving the Building Official authority to
12 issue permits; and
13
14 WHEREAS, the land development code provides that the Planning Board shall periodically
15 review and make recommendations on provisions of the Code; and
16
17 WHEREAS, the Planning Department recommends the inclusion of the proposed language to
18 address temporary structures; and
19
20 WHEREAS, at their April 8, 2014 Planning Board meeting following a public hearing on
21 application PB-I4-005, the board voted 5-ayes and I-nay to recommend approval of the proposed
22 ordinance, as amended, to the City Commission; and
23
24 WHEREAS, the City Commission is desirous of accepting the Planning Board's
25 recommendation.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
28 OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. Section 20-2.3 and Section 20-3.6(1) of the City of South Miami Land Development
31 Code is hereby amended to read as follows:
32
33 20-2.3 -Definitions
34
35 * * *
36 Temporary Structure. shall include a permitted structure, that is not constructed in the public right of
37 way, without a foundation or footings and is either pOltable or easily disassembled.
38
39 * * *
40
41 20-3.6 -Supplemental Regulations
42
43 (I) Accessory Structures or Uses
44
45 (1) No accessory structure shall be constructed upon a lot until construction of the principal
46 structure or use has commenced.
47 (2)No accessory structure shall be used unless the principal structure on the lot is also being
48 used.
Page 1 of 3
1 (3)No accessory structures or uses shall be located within any required yard setback area, except as
2 permitted in subsection (4) below.
3 (4 )Accessory structures or uses may be located in a required rear yard, provided such structures or
4 uses do not occupy more than thirty (30) percent of required setback areas and provided further
5 that such accessory buildings do not exceed one (1) story or twelve (12) feet in height above grade.
6 (5)Accessory structures or uses shall be located not less than five (5) feet from any rear or side lot
7 line. No accessory structures or uses shall be located in the required setbacks that are adjacent to a
8 street right-of-way line; nor shall any accessory structures be located less than five (5) feet from any
9 rear lot line.
10 (6)Canvas tents and cabanas, used for temporary shelter and not containing cooking facilities, shall
11 be subject to the accessory structure regulations.
12
13 (7) Temporary Structures.
14
15 Ca) The building official is authorized to issue a permit for temporary structures and uses that are not
16 constructed within the public right-of-way. Permits shall be limited as to time of service, but
17 shall not be permitted for more than one hundred and eighty (180) days. The building official is
18 authorized to grant extensions for a demonstrated cause.
19
20 Cb) Temporary structures shall be subject to the location requirements for accessory structures. The
21 city manager or designee may authorize an alternate location for said structure for a
22 demonstrated cause.
23
24
25 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
26 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
27 renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to
28 "section" or other appropriate word.
29
30 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
31 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
32 the validity of the remaining pOliions of this ordinance.
33
34 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
35 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
36 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
37 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
38 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
39 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
40 that needs to be repealed to harmonize the two ordinances shall be repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2014.
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1 ATTEST: APPROVED:
2
3
4
5 CITY CLERK MAYOR
6 1 st Reading
7 2nd R dO ea mg
8
9 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
10 LANGUAGE, LEGALITY AND Mayor Stoddard:
11 EXECUTION THEREOF Vice Mayor Harris:
12 Commissioner Liebman:
13 Commissioner Welsh:
14 Commissioner Edmond:
15 CITY ATTORNEY
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