Ord. No. 20-93-1546ORDINANCE NO.20"93"1546
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA;AMENDING SECTION 20-
6(C)(4)(a)(1)OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI,TO REDUCE THE QUORUM OF THE ENVIRON
MENTAL REVIEW AND PRESERVATION BOARD (ERPfi)FROM FOUR
TO THREE MEMBERS;AMENDING SECTION 20-6(C)(4)(c)TO
PROVIDE APPLICANTS ONAN AGENDA AT SCHEDULED MEETINGS,
WHICH MEETINGS ARE NOT HELD,WILL BE HEARD WITHIN
TWENTY-FOUR HOURSBYTHE DIRECTOR OFBUILDING,ZONING,
AND COMMUNITY DEVELOPMENT;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of South Miami has heretofore enacted a
LandDevelopmentCode,whichCode In Section 20-6(C)(4)(a)(i),
provides the quorum for the Environmental Review and Preservation
Board(BRPB)ttshall befour(4)members";and
WHEREAS,there havebeen several occasions recently where
theERPBhasbeenunabletomusteraquorum,andtherefore
applicants who appeared could not heard;and
WHEREAS,the Mayor and City Commission wish to provide a
means whereby thepublic,especially applicants,will not be
penalizedor delayed bythe Board's failureto muster a quorum of
four members;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-6 (C)(4)(a)(1)of the Land
DevelopmentCodeoftheCityofSouth Miami,Florida be,andhereby
is,amended to read as follows:
i.A quorum shall be three (3)members,at least one of whom
shall be an architect.
Section 2.That Section 20-6 (C)(4)(c)of the Land
Development Code of the City of South Miami,Florida be,and hereby
is,amended toaddthe following additional sentence:
IfanyscheduledMeeting Is notheld(whetherforlackof
quorumor otherwise),-thenall applications scheduled for
suchmeetingshallbeheardanddecidedbytheDirectorof
the Building,Zoning,and Community Development Department
(orthe Directorfs designee)nolater than the end ofthe
next business day after the scheduled Meeting was to have
been held.The Director's decision,if for approval,shall
constitute ERPB approval.The 7 day appeal period begins
the day after the Director's decision.
Section 3.If any section/clause,sentence,or phrase of this
Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
Section 5.All Ordinances or parts of Ordinances in conflict
herewith be,and the same hereby are,repealed.
Section 6.This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this ^th day of November ,1993.
APPROVED:
MAYOR
CITVvCLERr
READ AND APPROVED AS TO FORM:
CITY ATTORNEY