Ord No 24-20-2378Ordinance No. 24-20-2378
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2, "Distance
requirements, nonconforming use; certificate of occupancy" and Section 4-6. -
Definitions; hours of operation.
WHEREAS, the current City regulations prohibit restaurants that are within 500 feet of
a school from selling beer and wine for consumption on the premises; and
WHEREAS, the consumption of beer and wine for on -premise consumption is a
customary use for a restaurant; and
WHEREAS, Section 562.45(2)(a) of the Florida Statutes provides an exception for
licensed restaurants that are within 500 feet of a school; and
WHEREAS, Section 562.45(2)(a) of the Florida Statutes states that nothing contained in
the Beverage Law shall be construed to affect or impair the power or right of any county or
incorporated municipality of the state to enact ordinances regulating the hours of business and
location of place of business, and prescribing sanitary regulations therefor, of any licensee under
the Beverage Law within the county or corporate limits of such municipality. However, except for
premises licensed on or before July 1, 1999, and except for locations that are licensed as
restaurants, which derive at least 51 percent of their gross revenues from the sale of food and
nonalcoholic beverages, pursuant to chapter 509, a location for on -premises consumption of
alcoholic beverages may not be located within 500 feet of the real property that comprises a public
or private elementary school, middle school, or secondary school unless the county or municipality
approves the location as promoting the public health, safety, and general welfare of the community
under proceedings as provided in s.125.66(4), for counties, and s. 166.041(3)(c), for
municipalities. This restriction shall not, however, be construed to prohibit the issuance of
temporary permits to certain nonprofit organisations as provided for in s. 561.422. The division
may not issue a change in the series of a license or approve a change of a licensee's location unless
the licensee provides documentation of proper zoning from the appropriate county or municipal
zoning authorities; and
WHEREAS, to promote the public health, safety, and general welfare of the community
the Mayor and City Commission desires to adopt this amendment to Chapter 4 of the City's Code
of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH AHANII, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance and finds that the locations
allowed by this amendment will promote the public health, safety, and general welfare of the
community.
Section 2. Chapter 4, Article I, Section 4-2(a) of the City's Code of Ordinances is hereby
amended to read as follows:
Page 1 of 6
Ord. No. 24-20-2378
Sec. 4-2. — Distance requirements; nonconforming use; certificate of occupancy.
(a) Distance requirements.
(1) Distance from a church, school, or residential property shall be measured by following
a straight horizontal line from the nearest point of the property line of the property on
which the proposed licensed establishment is to be located to the nearest point of the
property line of a church, school or residential property.
(2) In all other cases, distance shall be measured by following a straight horizontal line
from the nearest point of the perimeter wall of the proposed establishment to the nearest
point of the perimeter wall of the existing establishment.
(3) The public health, safety, and general welfare of the community is best served by not
having My distancing_ requirements between schools and properties that are used for
the sale of alcoholic beverage, other than as set forth in the table below and which
distances may be varied as provided in,parag�raph (b) below. No premises shall be used
for the sale of alcoholic beverages where the proposed licensed establishment is located
less than the distance in feet from another use as indicated in the following chart:
Spacing
i
Required
i
(feet, f�
Religious
facil'
Pine-
zoning districts
Residential
GFesFy
Gilk baskets
Nen�eeefemmg�BEket-�esesoutsid
of the
� or
RMAen
SIGN��
Hometown
Sschool
stems
District Oxerlav
E
'
and the TODD
Restaurants
500
500
Drinking P. �
500
500
I
'
` I
Badlounge-
Nightclub
500
500
6fesefstem-
0-
Liquor or
500
500
!
Package stores
i e i i
6ittbashete-
0
I 0
i I
i
Nenseefei-m-g
was-
0
0
.7
`
I
gstePes-
0
0
; }
0
0
E i
1
'
i
Gemeniesw
Stem
0 t
0
I
'
Page 2 of 6
Ord. No. 24-20-2378
- -
-
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7.
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(4)
ReA Red ReA and
U.S.
Nno beer, " wine or beverage containing distilled
spirits (Alcoholic Beverage) may be sold or consumed, as part of an approved
restaurant use unless . ed:
a) no alcoholic service bar is provided, b) food is served in conjunction with Alcoholic
Bmmge beer- and within or upon the premises and the Alcoholic Beverage is
only served at approved seating end, c) the sale of Alcoholic Beverage vAm and�eer
is less than half the total monthly sales, d) Alcoholic Beverages vAm-andare not
removed from the premises, e) a permanent, opaque buffer is provided between the
premises and any and all adjoining properties which are zoned residential, and f) for
restaurants licensed after December 17, 2013, Alcoholic Beverage YAne-and4ieeF shall
only be served between the hours of 11:30 am. and midnight.
U.S.Divie " . The restaurant shall provide the Ceity with
the restaurant's records of its sales of food, non-alcoholic beverages and Alcoholic
Beverage wine and bevemps upon demand of the Ceity Mmanager, or his
manger's designee, or of a Ceity code enforcement employee.
(5) The restricted distances, listed in the subsection 4-2(a)(3) schedule, between premises
that sell Alcoholic Beverage wee -and beer and another land use that is protected, shall
not apply if the protected class of land use, listed in the schedule, is located in a
municipality other than the City of South Miami and provided that the ordinances of
the adjacent, applicable municipality would not be violated if the location of the land
uses in question were reversed, i.e., the ehumb won religious facilfty was located in
South Miami and the proposed store or restaurant selling Alcoholic Beverage vAm wd
bees was located in Coral Gables.
( Procedure for varying the distance requirements. A property owner may file an
application with the Planning and Zoning Department Department) to modify the
gMing for a business that sells Alcoholic Beve e (applicant's Business . The
application must include the payment of the application fee and mailing labels certified
as including the addresses, as found on the Miami -Dade County property appraiser's
tax roll, of all of the owners of all properties located within 500 feet of the property
where the applicant's Business is to be located (Apples le Propedy). The Department
must draft a resolution to modify the spacing requirements if the variance concerns
religious facility or residential properties and the applicant's business, and a non -
codified ordinance if the variance concerns the distance from a school, and place the
resolution and, if applicable, the ordinance on the next available City Commission
Page 3 of 6
Ord. No. 24-20-2378
meeting agenda. The Clerk must prepare and mail a notice addressed to the owners of
all properties located within 500 feet of the &Mli�Pro=. advising -them of the
non-public hearing of the resolution and, if applicable, the second reading and public
hearing of the ordinance at least 10 days before the ado lion of the resolution and. if
WIicable, the enactment of the ordinance. The enactment of the ordinance must
comply with all procedures and advertisement required by Section 166.041(3 c), Fla.
Stat, and the City Charter.
Section 3. Chapter 4, Article I, Section 4-6 of the City's Code of Ordinances is hereby
amended to read as follows:
Sec. 4-6. Definitions; hours of operation.
(a) Definitions. For purposes of this article I, the words and terms defined in this subsection
will have the following_meanin s:
Alcoholic Beverage means Distilled spirits and all beverages containing one-half of
1 percent or more alcohol by volume. The percentage of alcohol by volume is determined
by measuring the volume of the standard ethyl alcohol in the beverage and comnaring it
with the volume of the remainder of the ingredients as though said remainder ingredients
were distilled water.
Alcoholic Beverage Service Bar means a seating area devoted primarily to the sale and
consumption of an Alcoholic Beverage and where food may be serviced. It does not include a
restaurant waiting area where a restaurant patron is standing or seated after placing_the
patron's name on a waiting list and while waiting for a table for the consumption of food and
provided the patron is seated promptly after the patron's name has come to the IN of the list
and the patron orders food that exceeds 51 % of the patron's bill.
Certi , including all of its tenses, such as "certifies", "certifying" and "certified",
means the act of swearing or affiurming under penalties of,periury that the facts that are being
"certified" are true and correct and it must be accomplished either by sag (or
affirming) to the truth of the statement before a notary public, or by a declaration, under
penalties of periurv. as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
Religious fac&& for the sole purpose of this Section means a habitable building or
structure whose principal pose is conducting religious services, including churches, mosques,
sMu<g_ogues and temples, and that is owned or possessed by the religious group that practices
there.
Page 4 of 6
Ord. No. 24-20-2378
Residential properties. for the sole purpose of this Chapter, means those residential
homes located in the RS and RT zoning districts.
Restaurant means any building or portion thereof which offers or serves cooked, multi -
course meals prepared on the premises daily, and which may contains an alcoholic beverage
service bar fee limited to on -premises consumption-e*.
(b) Hours of operation. It shall be lawful for any person who is licensed to sell alcoholic
beverages for on -premises consumption to sell or offer for sale alcoholic beverages, or to be
open for business to sell or offer for sale such beverages during all hours of all days of the
week. However, it is unlawful to sell or offer for sale alcoholic beverages for off -premise
consumption, or to be open for business to sell or offer to sell alcoholic beverages for off -
premise consumption during the hours from 11:00 p.m. to 5:00 a.m. during all days of the
week.
Section 4. Correction. Conforming language or technical scrivener -type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
product for signature
Section 5. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinance of the City of South Miami as amended.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted
hereunder.
Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section S. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 18d' day of August. 2020.
ATTEST:
i ku
CITY E
I" Reading — 8/4/20
2"d Reading — 8/18/20
APPROVED:
-MAYOR
Page 5 of 6
Ord. No. 24-20-2378
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTIO,N THE r
CrWATToRNEY
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Page 6 of 6
Agenda Rem No:13.
City Commission Agenda Item Report
Meeting Date: August 18, 2020
Submitted by: Thomas Pepe
Submitting Department: Planning & Zoning Department
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2, "Distance requirements,
nonconforming use; certificate of occupancy" and Section 4-6. - Definitions; hours of operation. 3/5
(Commissioner Gil)
Suggested Action:
Attachments:
Proctor_Amendment_to_4-2_Microbrewery_MLCArevMLjtlTmICArevlgjt2skjtjp (3).docx
MDBR Ad.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Pubii �cc Day excep: Sam,ea;. Sune:,y :red
Legal Holidays
Miami. Mlami.Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Estate the undersigned authority personally appeared
GUILLERMO GARCIA. who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review filda Miami Review, a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published at Miami in Miami -Dade County, Florida, that the
attached copy of advertisement being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -AUG. 4, 2020
in the XXXX Court,
was published in said newspaper in the issues of
0712412020
Affirm further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published m said Miami -Dade County, Florida
each day (except Saturday. Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County. Florida. for a period
of one year next preceding the fast publication of the attached
copy of advertisement; and amen further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement tot publication in the said
newspaper. _
and subscribed before me this
ok 3ULY. A.D. 2020 A
GUILLERMO GARCIA personalty known to me
SCHERRIE A THOMAS
o "Wall
o
o, Notary Public - State of Florida
Commission # FF 981132
%j UIV My Comm. Expires Aug 1, 2020
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stab
the City's Home Rule Powers, and the City Manager's declaration of a
state of emergency due to the Coronavims, the City will be holding its City
Commission Meeting VIRTUALLY. The meeting is Scheduled to begin on
Tuesday, August 4, 2D20 at 7.00 p.m. to consider the following public
hearing Rem(s):
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-Z
'Distance requirements, nonconforming use; certificate of occupancy"
and Section 4-6. - Definitions; hours of operation.
City staff and all Commission members will participate by video Conferenci g
through the Zoom platform if the Governor extend his Executive Order
20-69 and members of the public may join the meeting via Zoom at
(h11psJ z arts-Q/3056636338) and participate. If the Govemol's Executive
Order 20-69 is not extended to and include August 4, 2020, at least four
members of the City Commission will be physically present and at least 6
feet apart in Commission Chambers, 6130 Sunset Drive, South Miami, FL
33143. If you desire to present evidence or you am unable to use Zoom,
there are procedures to follow and other options available including a
dedicated phone One to Paten and participate In the meeting and limited public
attendance, all of which Is set forth In the meeting notice posted at City
Hall and at hitpl/www southmismi0.gov/580/Public-Meetings-Notices. Anyone
who wishes to review pending application and supporting documentation
in person must make an appointment by calling 305- 663-6340.
/ Please note that Governor DeSantfs's Executive Order Number 20.69 suspended
P the requirements of Section 166.045, Fla Star., that a quorum to be present
~ in person, and that a local government body meet at a specific public place.
The Executive Omer also allows local government bodies to villas communications
media technology, such telephonic and video cemtererc'utg such as Zoom
for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal is to be based.
ADA To request a modification to a policy, practice or procedure or to request
an auxiliary aide or service in order to participate in a City program, activity
or event, you must on or before 4:00 p.m. 3 busitim days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk
by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami,
Florida or small at npaynetesouthmiami0.gov.
Nkenga A. Payne, CMC
City Clerk
7/24 _ 20-62/00004798NM
9
6SE I NEIGHBORS SUNOAy JIRr MONO
tBAIOBEULLD.CUB
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat,
the City's Home Rule Powers, and the City Manager's declaration of a
state of emergency due to the Coronavirus, the City will be holding its
City Commission Meeting VIRTUALLY. The meeting is scheduled to begin
on Tuesday. August 4, 2020 at 7:00 p.m. to consider the following public
hearing item(s):
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2,
"Distance requirements, nonconforming use; certificate of occupancy" and
Section 4-6. - Definitions; hours of operation.
City staff and all Commission members will participate by video
conferencing through the Zoom platform if the Governor extend his
Executive Order 20-69 and members of the public may join the meeting
via Zoom at (httns://zoom.us/j/3056636338) and participate. If the
Governor's Executive Order 20-69 is not extended to and include August
4, 2020, at least four members of the City Commission will be physically
present and at least 6 feet apart in Commission Chambers, 6130 Sunset
Drive, South Miami, FL 33143. If you desire to present evidence or you
are unable to use Zoom, there are procedures to follow and other options
available including a dedicated phone line to listen and participate in
the meeting and limited public attendance, all of which is set forth in
the meeting notice posted at City Hall and at http://www.southmiamifl.
gov/580/Public-Meetings-Notices. Anyone who wishes to review
pending application and supporting documentation in person must make
an appointment by calling 305-663-6340.
Please note that Governor DeSamis's Executive Order Number 20-69 suspended the requirements
of Section 166.045, Fla. Stat, that a quorum to be present in person, and that a local govemment
body meet at a specific public place. The Executive Order also allows local government bodies
to utilize communications media technology, such as telephonic and video conferencing such as
Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision
made by a Board, Agency or Commission with respect to any matter considered at its meeting
or hearing, a record of the proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings Including the testimony and evidence
upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or
service in order to participate in a City program, activity or event, you must on or before 4.00 p.m.
3 business days before the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or
email at npayne@southmiarefl.gm,
Nkenga A. Payne, CIVIC
City Clerk
COVID-19
Here are the new curfew
rules in Miami -Dade,
Miami Beach and Broward
OTGaIITEPROFF
aro xBf@. ardAmoddx.
Are you having a hard
time keeping up with all of
the new rules surrounding
the coronavirus?
You are not alone. The
rules seems to change
daily (sometimes hourly).
And they are often dif-
ferent for each county,
particularly for curfews.
At the beginning of July,
Miami -Dade Mayor Carlos
Gimenea implemented a
10 p.m. to 6 a.m. curfew
because of rising CO-
VID-19 numbers.
"This curfew is meant to
stop people from ventur-
ing out and hanging out
with friends in groups,
which has shown to be
spreading the virus rap-
idly," he said at the time.
On Tuesday, the Florida
Department of Health
repotted 9,440 additional
confirmed cases of
COVID-19 statewide,
bringing the slate's known
total to 369,834.
Broward has since fol-
lowed with its own curfew.
There are a few excep-
tions to the rule, which
include people working in
healthcare and utility
service, those going to and
from work and people
walking thew pets within
250 feet of thew home.
Here's a look at curfew
rules in South Florida:
MIAMI-DADE
The county is under a
daily curfew from 10 p.m.
. A assit' 5 y�ewsoo
Miami -Dade County Mayor Carlos A. Gimenez speaks
during a roundtable discussion that mayors from the
county had Tuesday. July 14. 2020, with Florida Gov. Ron
DeSantis regarding COVID-19 at the Stephan P. Clark
Government Center in Miami.
c i
THIS CURFEW IS MEANT
TO STOP PEOPLE FROM
VENTURING OUT AND
HANGING OUT WITH
FRIENDS IN GROUPS,
WHICH HAS SHOWN TO
BE SPREADING THE
VIRUS RAPIDLY:'
Miami -Dade County
Mayor Carlos Gimenec
to 6 a.m. Violators can face
arrest or a fine.
Miami Beach has in-
stituted a dally 8 p.m. cur-
few in South Beach's enter-
tainment district. The dis-
trict includes Ocean Drive,
Washington Avenue and
Collins Avenue from Fifth
to 16th streets.
BROWARD
The county is under a
daily curfew from 11 p.m.
to 5 a.m. through at least
August.
PALM BEACH
There is currently no
curfew for the county.
The town of Palm beach
has a daily curfew from 11
p.m. to 6 a.m.
MONROE
There is currently no
curfew.
COLLIER
There is currently no
curfew.
Comb Teprof. .
305-376-3587, @cteproff
MIAMI DAILY BUSINESS REVIEW
Pup4shid Daily except Saturday. Sunny ar a
Least Holidays
Miami. Miami -Dade County. Fbns
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, vino on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review fi Miami Review, a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published at Miami in Miarai-Dade County, Flonda: that the
attached copy of advertisement. being a Legal Advemsement
of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - AUG. 15, 202D
in the XXXX Court.
was published in said newspaper in the Issues of
y04Th
u
ailaxla 0."a0
1927 T
A�ORt9
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat,
lhe.Gty's Home Rule Powers, ,and the City Menagerie declaration of a
state of emergency due to the Comnavirus, the City will be holding its City
Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesft; August 18,_2020_at 7:00_P.m. to consider the following public
hearing tterni
08107/2020 An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2,
"Distance requirements, nonconforming use; certificate of occupancy"
and Section 4-6. - Definitions hours of operation.
Arrant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Mtaml-Dade An Ordinance amending the Land Development Cade to support
County, Florida and that the said newspaper has heretofore development of legally nonconforming lots of record, Including
been continuously published in said Miami -Dade County, Florida amendment to Sections 20.3.5 Dimensional Requirements and 20-4.8
each day (except Saturday, Sunday and Legal Holidays) and Nonconforming uses and structures
has been entered as second class mall matter at the post An Ordinance amending the City of South Miami Code of Ordinances,
office in Miami In said Miami -Dade County. Florida, for a period Chapter 1, Section 1-2 to amend the rules of construction and Chapter Z
of one year next preceding the first publication of the attached Article III, Section 2-22 to authorize members of certain Boards to
copy of advertisement; and arrant further says that he or she some until a successor is appointed to replace them.
has neither paid nor premised any person, firm or corporation City staff and all Commission members will participate by video conferencing
any discount, rebate, commission or refund for the purpose of through the Zaom platform and membersof the public may Join the meeting via
securing this advertisement for publication in the said Zoom at (https;//zpom.us! 3g566363381 and participate. If you desire to
newspaper. present evidence or you are unable to use Zoom, there are procedures to
follow and other options available including a dedicated phone line to
listen and participate in the meeting and limited public attendance, all of
which is set forth in the meeting notice posted at City Hall and at hit o//
www.southmia_mifl.gov/58{)/Public-Meetings-Norims. Anyone who wishes
to review pending application and supporting documentation in person
Swo rid su me thi must make an appointment by calling 305-663-6340.
7 day of AUG Please note that Govemor DeSaMis's Executive Order Number 20.69
suspended the requirements of Section 166.045, Fla Stat., that a quonan
to be present in person, and that a local goverment body meet at a specific
(SEAL public place. The Executive Order also allows local government bodies to
GUILLERMO GARCIA personalty known to me utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 2B6.0105, a person who decides to
MARIA I. MESA
Notary public - State of Florida
11 Commission A GG 956667
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
be have
My Comm. Expires Mar 4, 2024
rs required to a
will be required for said appeal and such peon will
derided through National Notary Assn.
verbatim transcript of the prongs including the testimony and evidence
upon which the appeal is to be based.
ADk To request a modification to a policy, practice or procedure or to request
an auxiliary aide or service in order to participate in a City program, activity
or event, you must on or before 4:00 p.m. 3 business days before the
meeting (not counting the day of the meeting) deliver your request to the
City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South
Miami, Florida or- email at npayneRsouthmiami8.gov.
Nkenga A. Payne, CMC
City Clerk
817 20-35/0000482119M
10
WNDA1 AOnaf 92(20 NEIGHBORS 23SE
MIAWNERALIONA
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and the City
Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting
VIRTUALLY. The meeting is scheduled to begin on Tuesday. August 18, 2020 at 7:00 p.m. to consider the following public
hearing item(s):
An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2, "Distance requirements, nonconforming use;
certificate of occupancy" and Section 4-6. - Definitions; hours of operation.
An Ordinance amending the Land Development Code to support development of legally nonconforming lots of record,
including amendment to Sections 20-3.5 Dimensional Requirements and 20.4.8 Nonconforming uses and structures.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 1, Section 1-2 to amend the rules of
construction and Chapter 2, Article III, Section 2-22 to authorize members of certain Boards to serve until a successor
is appointed to replace them.
City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at fhttos://zoom.us/i/3056636338) and participate. If you desire to present evidence or
you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen
and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and
at httD://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis's Executive Order Number 20.69 suspended the requirements of Section 166.045, Fla. Stat., that a quorum to be
present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize
communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to
have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate In a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request
to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk