151
2
ORDINANCE NO. _______ _
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 4-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 thaUs without a foundation or footings, that is
37 not constructed in the public right of way, without a foundation or footings and that is either portable or
38 easily disassembled.
39
40 * * *
41
42 20-3.6 -Supplemental Regulations
43
44 (I) Accessory Structures or Uses
45
46
47
(1) No accessory structure shall be constructed upon a lot until construction of the principal
structure or use has commenced.
Page 1 of 2
1
2
3
4
5
6
7
8
9
10
11
12
13
(2)
(3)
(4)
(5)
(6)
No accessory structure shall be used unless the principal structure on the lot is also being
used.
No accessory structures or uses shall be located within any required yard setback area,
except as permitted in subsection (4) below.
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.
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.
Canvas tents and cabanas, used for temporary shelter and not containing cooking
14 facilities, shall be subject to the accessory structure regulations.
15
16 (a) Temporary Structures.
17
18 (1) The building official is authorized to issue a permit for temporary structures and uses that are not
19 constructed within the public right-of-way. Permits shall be limited as to time of service, but
20 shall not be permitted for more than one hundred and eighty (180) days. The building official is
21 authorized to grant extensions for demonstrated cause.
22
23 (2) Temporary structures shall be subject to the location requirements for accessory structures. The
24 city manager or designee may authorize an alternate location of said structure for demonstrated
25 cause.
26
27
28 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
29 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
30 renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
31 "section" or other appropriate word.
32
33 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
34 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
35 the validity of the remaining portions of this ordinance.
36
37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
38 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
39 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
40 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
41 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
42 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
43 that needs to be repealed to harmonize the two ordinances shall be repealed.
44
45 Section 5. Effective Date. This ordinance shall become effective upon enactment.
46
47
Page 2 of 2
1 PASSED AND ENACTED this __ day of ,2014.
2
3 ATTEST: APPROVED:
4
5
6
7 CITY CLERK MAYOR
8 1st Reading
9 2nd Reading
10
11 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
12 LANGUAGE, LEGALITY AND Mayor Stoddard:
13 EXECUTION THEREOF Vice Mayor Harris:
14 Commissioner Liebman:
15 Commissioner Welsh:
16 Commissioner Edmond:
17 CITY ATTORNEY
Page 3 of 2
ORDINANCE NO. ------------------
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
WHEREAS, the City Administration requested that the Planning Department address the issue of
temporary structures in the land development code by providing a definition and regulations; and
WHEREAS, after review of similar regulations from other municipalities, it was determined that
temporary structures are governed by the Florida Building Code, giving the Building Official authority to
issue permits; and
WHEREAS, the land development code provides that the Planning Board shall periodically
review and make recommendations on provisions of the Code; and
WHEREAS, the Planning Department recommends the inclusion of the proposed language to
address temporary structures; and
WHEREAS, at their April 8, 2014 Planning Board meeting following a public hearing on
application PB-I4-005, the board voted 4-ayes and I-nay to recommend approval of the proposed
ordinance, as amended, to the City Commission; and
WHEREAS, the City Commission is desirous of accepting the Planning Board's
recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-2.3 and Section 20-3.6(1) of the City of South Miami Land Development
Code is hereby amended to read as follows:
20-2.3 -Definitions
* * *
Temporary Structure. shall include a permitted structure that is without a foundation or footings, that is
not constructed in the public right of way, w-i-thoot a foundation or footings and that is either portable or
easily disassembled.
* * *
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.
Page 1 of 2
(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.
(a) Temporary Structures.
(1) 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 demonstrated cause.
(2) Temporary structures shall be subject to the location requirements for accessory structures. The
city manager or designee may authorize an alternate location of said structure for demonstrated
cause.
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-lettered 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.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Page 2 of 2
PASSED AND ENACTED this __ day of ,2014.
ATTEST: APPROVED:
CITY CLERK MAYOR
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
Page 3 of2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 5/20/2014
in the XXXX Court,
was published in said newspaper in the issues of
05/09/2014
Affiant further 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 continuously 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, rebate, commission or refund for the purpose
of securing this advertisem nt r publication in the said
newspaper.
M. ZALDIVAR personally known to me
"., ....... ,.. e. THOMAS rid l'''' ." ~~'l:. NoWY Putlllc • State ot FlO It
It ~ • ~ My Comm. Expires Nov 2. 2017
CQmmntiOl'l # FF 034747
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The goal of the forum is to provide mental
health professionals, community leaders, and
parents with best practices that will equip them with important
tools to produce positive outcomes in the lives of young black
males. You will also learn how to detect early warning signs of
mental health symptoms.
In partnership with the Office of the Honorable Dennis C. Moss,
Miami-Dade County Commissioner, District 9
Guest Speaker: Matthew Woodfork, Ph.D.
Moderator: Robert Sawyer, LM.H.C.
Thursday, May 15th I 6:00 p.m. -8:30 p.m.
Dade Regional Library
:1.0750 SW 211th Street, Cutler Bay, FL 33189
REGISTER Today: http://tinyurl.com/BlackMaleSouth
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5753 Bird Rd I Miami, FL 33155 I 305-667-3772
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MiamiHerald.com I MIAMI HERALD
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular
City Commission meeting scheduled for Tuesday Mav 20, 2014 beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution approving the amendment to the multi-year contract bet'oNeen tile City of South Miami and Steven Alexander for
City Manager Services.
A Resolution authorizing the City Manager to execute a three (3) year inter-local agreement between Miami-Dade County,
Miami-Dade Police department, and the City of South Miami for School Crossing Guard Services for 201412015, 2015/2016 and
2016/2017 school years.
A Resolution authorizing the City Manager to enter into a two (2) year contract with Downtown Towing with the option of
three (3) one (1) year additional periods of service.
An Ordinance amending Section 20-3.3(E) of the City of South Miami land Development Code concerning outdoor seating and
dining requirements for all commercial properties, except for properties in the RO -Residential Office zoning district
An Ordinance amending Section 13-31 of the City of South Miami Code of Ordinances concerning use of the name
"City of South Miami and city's official seal and logo. )
(
. An Ordinance amending Section 20-2.3 -Definitions, to include a definition for Temporary Structures and Section 20-3.6(1)
, entitled Accessory Structures or Uses. .
An Ordinance of the City of South Miami, Florida amending the Land Development Code, Section 20-4.5 repealing subsections
Ih), Ii), til, Ik), IQ, 1m) and In) and adding section 20-4.5.1 TItled "tree protection" including, but not limited to, provisions
concerning inten~ definitions, applicability and providing for tree removal requirements, applications, permits, tees tree
mitigation and protection, enforcemen~ penalties, remedies, and appeals.
An Ordinance amending the City of South Miami Code of Ordinances, Section 2-2.1 and adding subsection (0) to
establish, pursuant to Section 286.0115, Florida Statutes, a procedure governing ex parte communications in connection
with quasi-judicial matters.
All interested 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 Stalutes 286.0105, the City here~y advises the public that if a person decides 10 appeal any decision made by this Board, Agency or ~mmission
wrth respect to any matter considered at its meeting or hearing, he or she wiU need a record of the proceedings, and that for such purpose, affected person may need
to ensure that a ver~atim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be ~ased.
e
Brad@72nd Ave. has partnered with the League Against Cancer
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With your small donation, you'll enjoy:
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• Raffle for exciting prizes
The Shops at Lakeshore Park
48 Street & 72nd Avenue s.w.
Saturday, May 17th, 2014
from 7pm. -11pm.
• Artwork, jewelry, home decor and more donated
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Join us!
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