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Ord less Page 1 Ordinance No. _____________________ 1 An Ordinance amending the City of South Miami Land Development 2 Code, Article VI, “Administration and Enforcement,” Section 20-6.1, 3 “Administrative entities,” and other applicable provisions, to define the 4 term “less restrictive” to more accurately determine what voting 5 requirements apply to City Commission actions to amend land 6 development regulations. 7 WHEREAS, the City regulates development within its boundaries through the Land 8 Development Code; and 9 WHEREAS, the City Charter provides in Article II, “City Commission,” Section 6, 10 “Ordinances,” Subsection D.1, “Voting Procedure,” and “Requirements for Adoption,” that: 11 Except as otherwise provided in this charter, five affirmative votes of the city 12 commission shall be required to approve the actions indicated below: 13 To amend land use and development regulations in any manner to make them less 14 restrictive[; and] 15 WHEREAS, no definition is provided for the term “less restrictive;” and 16 WHEREAS, the Land Development Code contains an identical provision in Section 20-17 6.1(A)(3)(a), and similarly without a definition for the term “less restrictive;” and 18 WHEREAS, the City Commission desires to provide a definition for the term “less restrictive” 19 so as to add certainty to the amendment process for land use and development regulations; and 20 WHEREAS, upon the recommendation of the City staff and professional consultants, this 21 amendment provides the appropriate definition; and 22 WHEREAS, following review, the Planning Board voted to recommend adoption of this 23 Ordinance after a public hearing, on ___________ ___, 2015, by a vote of ____ to ____; and 24 WHEREAS, the City Commission desires to adopt this Ordinance to accomplish the above 25 objectives. 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 Section 1. South Miami Land Development Code Article VI, “Administration and Enforcement,” 29 Section 20-6.1, “Administrative entities,” is hereby amended to read as follows: 30 20-6.1 - Administrative entities. 31 (A) City Commission. 32 Page 2 (1) Establishment, membership and organization of the city commission shall be in accordance with 1 the City Charter and the Code of Ordinances of the city. 2 (2) Powers and duties. 3 (a) The city commission shall have all such powers and duties as are granted and conferred by 4 state law, the Code of Ordinances of the city and this Code. 5 (b) The city commission shall provide for the health, safety, convenience and general welfare 6 of the citizens of South Miami through the regulations contained in this Code. 7 (c) The city commission shall receive recommendations from the planning board and the 8 environmental review and preservation board, and shall be guided by such boards. 9 (d) The city commission shall act in compliance with and furtherance of the city's adopted 10 Comprehensive Plan. 11 (e) The city commission may: 12 i. Amend the provisions of the adopted Comprehensive Plan and this Code; 13 ii. Change zoning district boundaries; 14 iii. Authorize home occupational licenses; 15 iv. Grant variances from the provisions of this Code; 16 v. Permit the continuation of nonconforming uses; 17 vi. Authorize special uses; and 18 vii. Make final judgment on appeals of administrative decisions. 19 (f) The city commission shall have the power and the duty to hear and decide the above 20 matters in accordance with the provisions of this Code. 21 (3) Procedures. 22 (a) Voting. All ordinances and resolutions that require more than one reading for passage 23 or enactment shall be passed on first reading by a majority vote. 24 i. Except for those items listed in (ii) and (iii) below, not less than three (3) 25 affirmative votes of the city commission shall be required to pass or enact an 26 agenda item. 27 ii. With the exception set forth below in (iii), four (4) affirmative votes of the city 28 commission shall be required for final approval of a change to the adopted 29 Comprehensive Plan, a rezoning, a variance, a special use, a special exception, 30 or a planned unit development. 31 iii. Five (5) affirmative votes of the city commission shall be required to enact an 32 amendment to land use and development regulations in any manner to make them 33 less restrictive. An amendment is “less restrictive” if any one of the following occurs: 34 a) the amendment increases density or building height; 35 b) the amendment allows lesser setbacks; 36 c) the amendment allows greater lot coverage than the maximum, or less lot coverage 37 than the minimum, allowed by existing regulations; 38 Page 3 d) the amendment adds to a zoning district a use that has a higher intensity than the 1 any of the existing uses. The intensity of a use shall be determined by projected 2 trip generation rates, as set forth in the Institute of Transportation Engineers, Trip 3 Generation Manual, last amended edition; or 4 e) the City Commission determines by three (3) affirmative votes that a proposed 5 amendment that is not covered by subparagraphs (a) through (d) above would 6 make the land use and development regulations less restrictive. 7 (b) Public Hearings. 8 i. The city commission shall hold public hearings when amending the adopted 9 Comprehensive Plan, amending the text of this Code, rezoning, approving special 10 uses, approving special exceptions, granting variances and permitting nonconforming 11 uses. All other items shall not require a public hearing for commission action. 12 ii. Actions upon site plans, variances, administrative appeals, planned unit developments, 13 nonconforming uses, special exceptions and special uses shall be by resolution. All 14 other actions shall be by ordinance. 15 (c) The city commission may defer action on any application or other matter before it, for 16 cause, for a reasonable period of time. 17 (d) The city commission may refer a matter back to the planning board or the environmental 18 review and preservation board for further consideration and recommendation. 19 (e) When any request requiring a public hearing before the planning board has been acted 20 upon by the commission and denied or failed to pass, such proposed change, in the same or 21 similar form shall not be reconsidered by the commission for a period of at least one (1) 22 year following the date of such action except in which case reconsideration is possible after 23 six (6) months from the date established for the prior hearing at the request of the majority 24 of the commission. 25 (f) Financial Interest. 26 i. Any member of the city commission who has a special financial interest, direct or 27 indirect, in any matter shall make that interest known and shall abstain from 28 participation therein in any manner. 29 ii. Willful failure to disclose such financial interest shall constitute malfeasance in office 30 and shall render the action voidable by the city commission. 31 * * * 32 Section 2. Codification. The provisions of this ordinance shall become and be made part of the 33 Land Development Code of the City of South Miami as amended. 34 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 35 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 36 the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts 38 of sections of ordinances in direct conflict herewith are hereby repealed. 39 Section 5. Effective Date. This ordinance shall become effective upon enactment. 40 Page 4 1 PASSED AND ENACTED this ____ day of _____________, 20___. 2 3 ATTEST: APPROVED: 4 5 ________________________ ________________________ 6 CITY CLERK MAYOR 7 1st Reading 8 2nd Reading 9 10 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 11 LANGUAGE, LEGALITY AND Mayor Stoddard: 12 EXECUTION THEREOF Vice Mayor Harris: 13 Commissioner Liebman: 14 Commissioner Edmond: 15 ________________________ Commissioner Welsh: 16 CITY ATTORNEY 17 Rev. 12-9-2015 18