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ORDINANCE NO. ______ _
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3 An Ordinance amending the City of South Miami Land Development Code,
4 Article IV, Section 20-4.7 (B) to clarify the intent of this Section to include
5 commercial properties and by adding subsection (K) to provide for screening of
6 the interior of vacant commercial property.
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8 WHEREAS, Article IV, Section 20-4.7 was enacted to include residential and commercial
9 properties; and
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11 WHEREAS, Article IV, Section 20-4.7 (B) inexplicably limited the applicability to dwelling
12 units; and
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14 WHEREAS, there are unsightly commercial areas of the City where properties are
15 vacant and in need of window coverings; and
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17 WHEREAS, the Planning Board has, or will have, reviewed this proposed ordinance
18 before the enactment of this ordinance; and
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20 WHEREAS, the Mayor and City Commission desires to amend Article IV, Section 20-
21 4.7 (B), ofthe City of South Miami's Land Development Code to correct the applicability of this
22 Section and to add regulations for the glazed surfaces of vacant properties.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Section 1. Article IV, Section 20-4.7 (B), of the City of South Miami's Land
Development Code is hereby amended and shall read as follows:
20-4.7 Minimum standards
* * *
(B) Applicability.
* * *
(2) Every portion of a building or premises, used or intended to be used for any dVlelling purpose shall
comply with the provisions of this section, irrespective of when such building shall have been
constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued
for the use or occupancy of the building or premises, for the construction or repair of the building or
premises, for the construction or repair ofthe building or for the installation or repair of equipment or
facilities prior to the effective date of this section. This section establishes minimum standards for the
initial and continued occupancy of all buildings and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of dwellings, equipment or facilities.
Section 2. Article IV, Section 20-4.7, of the City of South Miami's Land
Development Code is hereby amended to add a new subsection (K) that shall read as follows:
* * *
(K) Vacant commercial properties.
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1 (1) If the ground floor of any commercial building is vacant for more than fifteen (15) days, all glass
2 surfaces visible to the public shall be kept clean, and the interior of such vacant store shall be screened
3 from public view in one of the following ways until the property is occupied:
4 (a) All glass surfaces visible to the public shall be covered with (INSERT DESCRIPTION OF
5 GRAPHIC) on file with the City of South Miami; or
6 (b) Decorative displays of merchandise currently available within the city, merchandise of the future
7 tenant of the vacant store, public service displays or festival and current holiday displays extending as
8 much as three feet into the vacant store shall be located in display windows, provided that screening of
9 the remainder of the vacant store shall be placed immediately behind the decorative display. Such
10 screening shall consist of (INSERT DESCRIPTION). Such paper screening shall be mounted on a
11 freestanding partition, attached to a wood frame or affixed by other temporary means.
12 (2) Such screening shall remain in place until the issuance of a business tax receipt for a new occupant.
13 (3) Other types of signage allowed by the Section 20-4.3, including real estate signs and construction
14 signs, may be incorporated into the required screening.
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17 Section 3. Codification. The provisions of this ordinance shall become and be made
18 part of the Code of Ordinances of the City of South Miami as amended.
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20 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
21 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
22 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
23 adopted hereunder.
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25 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
26 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of---'-. _____ , 2017.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
CITY ATTORNEY
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