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Ord. No. 12-91-1477ORDINANCE NO.12-91-1477 AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA, AMENDING SECTION 20-3.3 C (5)OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,FLORIDA BY PROVIDING FOR NEW OR UNLISTED USES OF A SIMILAR NATURE TO BE ADDED TO THE PERMITTED USE SCHEDULE BY THE CITY COMMISSION UPON THE RECOMMENDATION OF THE DIRECTOR OF BUILDING/ZONING AND COMMUNITY DEVELOPMENT;PROVIDING FOR SEVERABILITY;ORDINANCES IN CONFLICT;AND AN EFFECTIVE DATE. WHEREAS,the City of South Miami,Florida has heretofore enactedaLand Development Codeprovidingfor ,,a permitted use schedule;and WHEREAS,under the existing Section 20-3.3 C(5)ofthe Permitted Use Schedule only those usesof land set forth inthe Scheduleare permitted and any other proposed usehas heretofore requiredacomplete amendment oftheLand Development Code, includingfirstreadingandpublichearingbeforetheCommission, referraltothe Planning Board,and second reading before the Commission;and WHEREAS,the Mayor and City Commission wish to amend the Land Development Code to provide for addition of new or unlisted usesofa similar nature inamore simplified manner; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That Section 20-3.3 C(5)of the Land Development Code be,and hereby is,amended to read as follows: (5)New or Unlisted Uses of Similar Nature. (a)TheDirectorof Building/Zoning and Community Development shall consider the nature of the proposed use,its compatibility with other uses permitted in the various districts and determine the zoning district or districts within which the use should bepermitted,ifany. (b)The City Manger shall transmit the findings and recommendationsoftheDirectorof Building/Zoning and Community Development forthe classification proposed for any newor unlisted usetothe City Commissionforreviewatitsnextregularly scheduled meeting. (c)TheCityCommissionshallapprovetherecommen dations of the Director or make such determination concerning the classification of the new or unlisted use asit determines appropriate. Section 2.If any section,clause,sentence or phrase of this Ordinance is heldtobeinvalidor unconstitutional byany court of competent jurisdiction,then said holding shall inno way affect the validity ofthe remaining portions ofthis Ordinance. Section 3.All Ordinances or parts of Ordinances in conflict herewith be,andthesameare,hereby repealed. Section 4.ThisOrdinanceshalltakeeffectimmediatelyat the time ofits passage. PASSED AND ADOPTED this j_^th day of April f 1991# APPROVED Sj a J^/uiL ^^vi AYOR ~ ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY