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ORDINANCE NO.
An Ordinance of City of South Miami add section 20-5.10 "conditional use
permit" to the City's Land Development Code and amending Section 20-4.4
(f)(2)(a) & (b) of off-street parking requirements to provide for granting of a
parking permit through a conditional use permit process.
8 WHEREAS, best zoning practice permits some flexibility to every zoning code, when in
9 certain instances, the adopted general regulatory scheme cannot accommodate issues that cannot
10 be addressed by a variance application or other existing devices contained in the land
11 development regulations but require resolution of an existing code enforcement, parking or other
12 problem unique to that parcel; and
13 WHEREAS, if the City Commission deems appropriate, such situations can be
14 addressed efficiently by the issuance of a conditional exemption permit that is conditional and
15 revocable in nature for the sole purpose of addressing or resolving a problem for which relief
16 cannot otherwise be secured and that cannot otherwise be accommodated under the existing land
17 development regulations; and
18 WHEREAS, the City has significant and repeated parking issues that need resolution but
19 can be addressed in the best interests of the public health, safety and welfare of the City of South
20 Miami by amending the Land development Code to provide for such flexible tools and processes
21 that do not otherwise interfere with the adopted regulatory scheme ofthe City; and
22 BE IT ORDAINED BY THE MAYOR & CITY COMMISSION OF THE CITY OF
23 SOUTH MIAMI AS FOLLOWS:
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Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by this reference.
Section 2. Zoning. Chapter 20 "Land Development Code" is amended as follows:
27 A. Article V. Procedures and Application is hereby amended to add Section 20-5.10
28 "Conditional Exemption Permit" as follows:
29 § 20-5.10. Reserved Conditional Use Permits.
30 A. Purpose. A Conditional Use Permit (CUP) is a permit that may be granted on a case-by-
31 case basis, if, after review and attachment of conditions pursuant to the procedures and
32 criteria set forth herein, a majority of the members of the City Commission determines a
33 parking problem has arisen in the RO District that cannot be addressed by any other
34 existing regulations, and it finds it is appropriate to afford such relief and accommodation
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35 by the issuance of such a conditional use permit and after a finding that such CUP will, at
36 the same time as affording relief for a particular parcel or parcels will also serve the
37 overall general public convenience and welfare.
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39 B. Applications requirements. An application for an CUP shall be filed by the applicant with
40 the Planning & Zoning Department, with a copy to the City Manager, and shall include:
41 1) a letter of intent describing the particular problem or issue to be addressed, explaining
42 why it cannot be resolved through any existing code process, and explaining how the
43 proposed use, accommodation or resolution of an issue to be achieved is accomplished by
44 the issuance of an CUP; 2) an application fee, as listed in the City's schedule of fees; 3) a
45 site plan sketch with accurate dimensions; 4) Ownership affidavit consenting to the
46 issuance of the permit; 5) a current certified survey, if required by the City Manager and
47 6) if the resolution of the parking problem includes the use of a second parcel of property,
48 said property must be adjoining or contiguous! and said parcels must be owned by the
49 same person and must be tied together by a unity of title ?
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51 C. General standards of review. The review requirements of this section shall not be a
52 substitute for and shall be in addition to each and every other review and approval
53 requirement of the City's Land Development Code ("LDC") for the particular use, as
54 may be applicable. Additional measures and conditions may be necessary to mitigate any
55 impacts of the proposed CUP and to ensure compatibility with the adjacent
56 properties/neighborhood. All proposed CUPs must, at a minimum, meet each of the
57 following standards:
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1) The establishment, maintenance and operation of the proposed use granted by a
CUP shall not be detrimental to the public health, safety, or general welfare;
2) No CUP shall be issued unless all utilities, roadway capacity, drainage, and
other necessary public facilities, are available concurrent with demand as
provided for in the requirements of the LDC;
.l) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion on the public streets;
4) The contemplated accommodation shall not impede the development of
surrounding properties for uses permitted within the zoning district;
5) The parcels obtaining a CUP shall be designed and/or configured in such a way
as to minimize any adverse effects, including visual impacts, of the proposed use
on adjacent properties through the proper use of setbacks, buffers, landscaping,
1 A public right of way or road separating parcels does not interfere with "contiguity" so long as the off-site parking
is within 300 feet of the main use and the parcels would be contiguous "but for" the right of way.
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D.
internal traffic circulation, infrastructure, and other design criteria suggested by
the Planning & Zoning Department.
6) The CUP once issued, may be revoked if:
i) the principal use associated with the CUP is terminated; or
ii) any conditions imposed by the City Commission are violated; or
iii) if the owner has been found quilty of a code violation by the City'S
Special Master or by a court of competent jurisdiction.
Required Conditions
1. Approvals. The City Commission shall have the authority to review and take final
action on a CUP application, which shall hereinafter be referred to as a CUP Order.
Notice of the hearing shall be advertised in a newspaper of general circulation at least
10 days prior to the matter being heard by the City Commission. The City Manager
or designee shall provide his/her written recommendation on the matter for
consideration by the City Commission. The Manager shall provide a written
explanation supporting any recommendation to modify or to attach any condition on
the approval of an application for a CUP. Following an evidentiary hearing, the City
Commission shall act to approve, approve with modifications and/or conditions, or
deny the CUP application. If the CUP application is denied, the Applicant may re-file
an application after six (6) months. The Commission may incorporate into its CUP
Order mitigating techniques needed to prevent adverse impacts to adjacent land uses.
In addition, the CUP Order shall appropriately address off-site impacts to ensure that
land use activities in the immediate vicinity, including community infrastructure, are
not burdened with adverse impacts detrimental to the general public health, safety
and/or welfare.
a) Presumption of validity. The City Commission's approval, although based on
objective criteria, is a discretionary function.
b) Conditions to be imposed. The City Commission may impose such
requirements on the permit holder so as to ensure the conditions set forth in
Section D. Herein above continue to be met throughout the life of the permit.
c) Revocation of Permit. Prior to revocation, the City Manager shall give the
permit holder written notice and thirty (30) days to remedy the violation or
such other time period, as theCity Manager deems appropriate. Failure of the
permit holder to timely cure the violation shall, within the sole discretion of
the City Manager, result in the revocation of the permit and cessation of use
by the permit holder. The permit shall continue without revocation unless or
until the factual basis upon which the CUP Order was based have changed or
the Applicant, after notice and an opportunity to cure, fails to timely comply
with all such conditions. Failure to cease the permitted activity shall result in
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110 an automatic fine of $250 per day and shall be subject to all other code
111 enforcement provisions set forth in Section 2-25 ofthe Code.
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113 2. Eligibility to apply for building permit, etc. Approval of the application for conditional
114 use by the City Commission authorizes the applicant to proceed with any necessary
115 applications, building permits and other permits which the City may require for the
116 proposed CUP. No permit shall be issued for work, which does not comply with the
117 terms of the conditional use approval.
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119 3. Expiration of the CUP. Unless otherwise provided, the approval of a CUP shall be void
120 if the applicant does not utilize the approval and obtain a building permit within six (6)
121 months following the date of approval. An applicant who has obtained a CUP may
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request an extension of this time period by filing, prior to expiration of the six (6)
months, a letter stating the reasons for the request and continuing need for the
accommodation. Once obtained, however, failure to take advantage of the
accommodation granted pursuant to the CUP for a period of six months or longer shall
render the CUP null and void.
128 E. Amendments and alterations to a CUP.
129 1.,. Any expansion or revision, which is determined by the City Manager to potentially
130 result in additional external impacts, of the CUP shall require the same application,
131 review, and approval under the procedures set forth hereinabove.
132 2. Minor changes to the accommodation which do not result in additional external
133 impacts, such as the realignment of parking spaces and aisles, the relocation of a
134 driveway and similar external impacts, may be approved by the City Manager or his
135 designee without obtaining additional approvals. The determination of whether a
136 change is deemed minor is in the sole discretion of the City Manager or his designee.
137 The application for approval of minor changes will be submitted at contemporaniously
138 with the building pennit application in the form of a revised plan, and any other
139 appropriate documents along with a copy of the originally approved plan, clearly
140 indicating the proposed minor changes.
141 A. Article IV. "Other Regulations" amended to modify Section 20-44 (F)(2)(a) & (b)
142 relating to off-street parking:
143 (F) Location and Ownership o.fSpaces.
144 (2) Spaces located off-site.
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(a) Off-site parking spaces shall be permitted in RM, RO, LO, MO,
NR, SR, OR, TODD, H, PR and PI districts, with the provision
that if off-street parking is adjacent to residentially zoned
properties and/or RO zoned properties, conditional use permit
special use process would be applicable for approval.
ilil. Off-street parking may be permitted in the RS and RT zoning use
districts through the conditional use permit process set forth in
Section 20-5.10 herein below and following review and approval
by the City Commission.
~ Required off-site parking spaces may be located and maintained up
to three hundred (300) feet from the principle use requiring the
additional spaces.
-Ee)@ Off-site parking spaces shall be on land held in common ownership
with the lot on which the principal use will exist under a unity of
title insuring that the required parking will be provided. If at any
time off-site parking ceases to be under the same ownership or
control as the principal use or ceases to be used for parking for the
principal use, the certificate of use and occupancy for the principal
use shall be subject to revocation by the city manager, after notice
and hearing.
169 Section 2. Codification. The provisions of this ordinance shall become and be made
170 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
171 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
172 "ordinance" may be changed to "section" or other appropriate word.
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174 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
175 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
176 shall not affect the validity of the remaining portions of this ordinance.
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178 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
179 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
180 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
181 that give the appearance of being in conflict when the two ordinances can be harmonized or
182 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
183 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
184 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
185 to harmonize the two ordinances shall be repealed.
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187 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of ____ -', 2014.
ATTEST:
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195 CITY CLERK
196 1 st Reading
197 2nd Reading
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
203 Commissioner Liebman:
204 Commissioner Welsh:
205 CITY ATTORNEY
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