11II
1 ORDINANCE No. ____ _
2
3 An Ordinance amending Section 20-3.4(8)(10)(a), (b) and (c) of the City of
4 South Miami Land Development Code concerning special uses to clarify
5 the conditions required for car washing operations.
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7
8 WHEREAS, Section 20-3.4 (8) (10) sets forth the conditions for "AUTO WASH
9 OPERATIONS" and subsection (a) requires that all such uses "shall be conducted in a fully
10 enclosed structure"; and
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12 WHEREAS, the condition reqUlnng a fully enclosed structure prevents the use of
13 automated and un-automated car washing operations in the City of South Miami, in spite of the
14 fact that the City has authorized such uses in the past; and
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16 WHEREAS, the current automated operations in the City are conducted in structures
17 that only have three sides with an opening at both ends to allow vehicles to be driven or pulled
18 through the washing operation; and
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20 WHEREAS, an automated car wash has mechanical parts and there is a rational basis
21 for requiring that it be contained within a structure and that it be located at least 100 feet from a
22 residential district due to the noise generated by such operations; however, a hand car washing
23 operation does not create any significant noise and there does not appear to be a rational basis
24 to require such operations to be contained within a structure or restricted to a set distance from
25 a residential district; and
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27 WHEREAS, an automated car wash usually has vehicles stacked up waiting to enter the
28 car wash structure; whereas, a hand car washing operation does not require such an assembly
29 line for its operation since vehicle do not need to enter and travel through a set line of
30 operations; and
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32 NOW, THEREFORE, 8E IT ORDAINED 8Y THE MAYOR AND THE CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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35 Section 1. Section 20-3.4 (8)(10)(a) of the City of South Miami Land Development Code
36 is hereby amended to read as follows:
37
38 (10) AUTO WASH OPERATION
39 (a) All such uses involving an automated car washing operation shall be conducted
40 in a fu.Uy enclosed structure enclosed on three sides.
41 (b) All such uses involving an automated car washing operation shall have storage
42 lanes adequate to accommodate four (4) vehicles for each bay.
43 (c) No such use involving an automated car washing operation shall be located less
44 than one hundred (100) feet from any residential district.
45
46
47 Section 2. Codification. The provisions of this ordinance shall become and be made
48 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
49 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
50 "ordinance" may be changed to "section" or other appropriate word.
51
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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.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
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