Ord. No. 13-91-1478i,ORDINANCE NO.13-91-1478
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING SECTION 20-4.4 (I)OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI,FLORIDA TO PROVIDE FOR
INTERIM PARKING ARRANGEMENTS IN SR,H,AND MO ZONING
DISTRICTS;PROVIDING FOR SEVERABILITY;ORDINANCES IN
CONFLICT;AND AN EFFECTIVE DATE.
WHEREAS,the City of South Miami,Florida has heretofore
enacted a Land Development Code,which in Section 20-4.4 (I)(1)
provides "No parking fees,charges or other remuneration shall be
charged for the use of any or all off-street parking spaces as
may be required by this Code";and
WHEREAS,in fact there exists available,unused off-street
parking which can be leased on a month to month basis,but which
under the existing Code cannot be leased to provide for temporary
parking while a given parcel of land within the City of South
Miami is under construction,either initial or expansion;and
WHEREAS,the Mayor and City Commission therefore wish tc
amend the Land Development Code to provide for interim parking
arrangementsuponalimited basis;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
gection 1,,Section 20-4.4 (I)of the Land Development Code
be,and the same Is,hereby amended to read as follows:
I.Parking Fees Prohibited Generally;Exceptions
(1)No parking fees,charges or other remuneration shall be
«™?f0r the Ufe of any or a11 off-street parkingspacesasmayberequiredbythisCode,except as
providedin subparagraph (3)below.
(2)Nothing herein shall be construed to affect any parking
fees,charges or other remuneration for publicly-owned
KSSfSf/^SSi0^i0r off"street Parking spaces notrequiredbythisCode.
(3)l*JR'>H'*nd M0 *onir>9 districts,the City Commissionmaywaivethepronationcontainedinsubparagraph(1)
above under such terms and conditions as it may
that 111 i *°llovi»<3 Public hearing,when it determinesthatthefollowingcriteriaaremet;
(a)The sole purpose of the parking fee,charge w.
other remuneration is for the use of excess and/or
unused off-street leased spaces to serve the
lessee's off-street parking needs for property
or
within the City of South Miami which is undergoing
construction or reconstruction.
(b)The time period for such waiver shall not exceed
one year unless the City Commission shall grant a
further waiver underthe provisions ofthis
paragraph for good cause shown.
(c)The waiver will not result in a violation of the
off-street parking requirements established by
ArticleIVoftheLand Development Code.
(d)For purposes ofthis subsection,thephrase
"excessand/orunusedoff-streetleasedparking
spaces"shallmeanthose off-site parking spaces
whichareeither in excessofthoseparking
required forthelessoror which are unused bythe
lessor,comparing lessor's occupancy tolessor's
total leasable space.
Section 4.If any section,clause,sentence or phrase of
this Ordinance is held to be invalid or unconstitutional byany
court of competent jurisdiction,then said holding shall in no
wayaffectthevalidityoftheremainingportionsofthis
Ordinance.
Section 5_^_All Ordinances or partsof Ordinances in
conflict herewith be,and the same are,hereby repealed.
ge„ction 6.This Ordinance shall take effect immediately at
the time ofits passage.
PASSEDANDADOPTED this Jjth dayofMay ,,1991.
APPROVED:
CITY CLERK
READ AND APPROVED ASTO FORM:
CITY ATTORNEY