8Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: September 15, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
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. 5/5 (Commissioner Liebman)
Suggested Action:
Attachments:
ORD_re_20-3.5___4.8_nonconforming_lots_1st_readjtCArevCCamend.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
1
Ordinance No. _______________1
2
An Ordinance amending the Land Development Code to support development 3
of legally nonconforming lots of record, including amendment to Sections 20-4
3.5 Dimensional Requirements and 20-4.8 Nonconforming uses and structures.5
6
WHEREAS, the Land Development Code (LDC) regulates residential development 7
through standards for minimum lot size, lot frontage, and building setbacks, and maximum 8
building coverage and impervious coverage (described as “dimensional requirements”); 9
and10
11
WHEREAS,many legally platted residential lots do not comply with the dimensional 12
requirements for size or frontage either because the platting occurred before the adoption 13
of dimensional requirements or the dimensional requirements changed after platting 14
occurred; and15
16
WHEREAS, the LDC also controls new development on nonconforming lots; and17
18
WHEREAS, given the dimensional requirements and the provisions for 19
nonconforming lots, many legally platted lots are difficult if not impossible to develop; and 20
21
WHEREAS, the nonconforming lots, if developed, could yield increased housing 22
diversity, more affordable units, and complete the urban fabric of the neighborhoods; and23
24
WHEREAS, the City’s Comprehensive Plan includes policies about encouraging more 25
diversity in housing types and prices; and26
27
WHEREAS, after a public hearing on July 14, 2020, the Planning Board voted 28
unanimously to recommend approval of the proposed ordinance; and29
30
WHEREAS, the City Commission desires to make feasible development of single-31
family homes on small, nonconforming lots.32
33
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 34
OF THE CITY OF SOUTH MIAMI, FLORIDA:35
36
Section 1.The foregoing recitals are hereby ratified and incorporated by 37
reference as if fully set forth herein and as the legislative intent of this Ordinance.38
39
Section 2.Section 20-3.5E is hereby amended to read as follows:40
41
42
2
Section 20-3.5E43
DIMENSIONAL REQUIREMENTS44
SINGLE-FAMILY RESIDENTIAL DISTRICTS – ONE-STORY45
46
RS-1 RS-2 RS-3 RS-4 RS-5
Min. Lot Size
Net Area (sq. ft.)40,000 15,000 10,000 6,000 6,000
Frontage (ft.)125 100 75 60 50
Min. Yard Setbacks (ft.)
Frontc 50 35 25 25 25
Reard 25 25 25 25 25
Side (Interior)a, e 12.5 10 7.5 7.5b 7.5b
Side (Street)25 20 20 15 15
Max. Building Height Feet 25 25 25 25 25
Max. Building Coverage (%) First Floor 20 30 30 30f 30
Max. Impervious Coverage (%)30 40 40 45g 45
a Cumulative width of both side yards shallmay not be not less than 20 percent of 47
total lot width.48
b Except that additions to existing structures may have 5 feet interior side setbacks 49
where any portion of the building already has a 5 feet setback.50
c Except that a lot of record with a depth of 90 feet or less may have a front setback 51
of 20 feet.52
d Except that a lot of record with a depth of 80 feet or less and a lot frontage of 35 53
feet or less may have a rear setback of 20 feet. A lot of record with a depth of 65 feet 54
or less may have a rear setback of 15 feet.55
e Except that a lot of record with a frontage of 40 feet or less may have a side 56
(interior) setback of 5 feet.57
f Except that a lot of record with an area 2000 square feet or less may have a 58
maximum building coverage of 50%. A lot of record with an area of 2001 to 3,00059
square feet may have a maximum building coverage of 40%.60
g Except that a lot of record with an area of 2000 square feet or less may have a 61
maximum impervious coverage of 70%. A lot of record with an area of 2001 to 3000 62
square feet may have a maximum impervious coverage of 55%. 63
64
Section 3. Section 20-3.5H is hereby amended to read as follows:65
66
Section 20-3.5H67
DIMENSIONAL REQUIREMENTS68
SINGLE-FAMILY RESIDENTIAL DISTRICTS – TWO-STORY69
70
REQUIREMENT RS-1 RS-2 RS-3 RS-4 RS-5
Min. Lot Size
Net Area (sq. ft.)40000 15000 10000 6000 6000
Frontage (ft.)125 100 75 60 50
3
Min. Yard Setbacks
(ft.)
Frontb 50 35 25 25 25
Rearc 25 25 25 25 25
Side (Interior)a, d For structures 12’
or less in height, as
measured from the
first floor elevation
Refer to Table 1
Portion of
structure above 12’
high as measured
from the first floor
finished elevation.
Refer to Table 1
Side (Street) – First
Story
25 20 20 15 15
Side (Street) –
Second Story
25 25 25 15 15
Max. Building
Height
Stories 2 2 2 2 2
Feet 25 25 25 25 25
Max. Building
Coverage (%) First
Floor
Refer to Table 2
Max. Impervious
Coverage (%)
Refer to Table 2
Max. Floor Area
Ratio (%) Second
floor
Refer to Table 2
a Cumulative width of both side yards shall be may not be less than 20 percent of 71
total lot width.72
b Except that a lot of record with a depth of 90 feet or less may have a front setback 73
of 20 feet.74
c Except that a lot of record with a depth of 80 feet or less and a lot frontage of 35 or 75
less may have a rear setback of 20 feet.76
d Except that a lot of record with a frontage of 40 feet or less may have a side 77
(interior) setback of 5 feet.78
79
***80
TABLE 181
New Two-Story Single-Family Residential and82
Second Story Additions83
Minimum Setbacks Requirements84
(Interior Lot)85
86
4
Existing Lot Frontage (ft.)First Floor
Interior Side Setbacka
Second Floor
Interior Side Setbackb
Less than 40 5.0 5.0
40-44 7.55.0 7.5
45-49 7.5 9.0
50-54 7.5 10.0
55-59 7.5 11.0
***
a Except that additions to existing structures may have 5 feet interior side setbacks 87
where any portion of the building already has a 5 feet foot setback.88
b For pre-existing improved lots of record in RS-3 or RS-4 districts, that are 50 feet 89
or less in lot width, the second floor setback shall must be the same as the first floor 90
setback.91
92
* * * 93
TABLE 294
New Two-Story Single-Family Residential and Second-Story Additions95
Percentage Requirements for Maximum Building Coverage,96
Impervious Coverage and FAR97
98
Lot Size (sq. ft.)Maximum Building
Coverage
Maximum
Impervious
Coverage
Maximum Floor
Area Ratio
2,000 0.500 0.700 0.900
3,000 0.400 0.550 0.650
4,000 0.400 0.550 0.650
5,000 0.300 0.450 0.550
6,000 0.300 0.450 0.525
****
99
Section 4.Section 20-4.8 is hereby amended to read as follows:100
101
***102
(D) Nonconforming Lots of Record103
(1)Notwithstanding limitations imposed by other provisions of this Code, in In104
any district in which single-family dwellings are permitted, a single-family dwelling 105
and customary accessory buildings may be erected on any single lot of record at the 106
effective date of adoption or amendment of this Code, notwithstanding limitations 107
imposed by other provisions of this Code. This provision will apply even though 108
such lot fails to meet the requirements for area or width, or both, that are generally 109
applicable in the district, provided that yard dimensions and requirements other 110
than for area or width, or both, of the lot conform to regulations for the district in 111
which the lot is located.112
(a)Such lots must be in separate ownership and not of continuous 113
frontage with other lots in the same ownership.114
5
(b)This provision shall apply even though such lot fails to meet the 115
requirements for area or width, or both, that are generally applicable in the district, 116
provided that yard dimensions and requirements other than for area or width, or 117
both, of the lot conform to regulations for the district in which the lot is located.118
(2)In order to minimize the number of nonconforming lots, if two or more 119
adjoining vacant and platted lots and/or parcels with continuous frontage on a 120
public street in continuous ownership since the time of passage of this Code, and if 121
either or any of such lots or parcels individually is/are too small in any dimension to 122
meet the yard, width and lot area requirements of the district in which they are 123
located, then such group of lots and/or parcels shall be considered as a single lot or 124
several lots of such size as is necessary to met the minimum dimensional 125
requirement of the district.126
(a)No portion of said parcel lot shall may be used or sold in a manner 127
which diminishes compliance with lot width and area requirements established by 128
this Code.129
(b)No division of any parcel shall be made which creates a lot with width 130
or area below the requirements of this Code. No lot may be divided unless all of the 131
subdivided parts comply with the width and area requirements of this Code.132
(3)If a part of a lot is conveyed, it may not be developed unless it is a buildable 133
lot that has been created in accordance with Section 20-4.2 of this Code. A lot that 134
has not been created in accordance with Section 20-4.2 may not be developed nor 135
may it be used as part of the development of any other lot for any purpose.136
(34)If any person shall have at any time after passage of this Code created a lot or 137
parcel which fails to conform with the dimensional requirements of the district in 138
which it is located by selling part of a lot, without the approval of the City 139
Commission, such sale shallwill not have no any effect for purposes of this Code 140
and the lots and/or parcels shall still be considered as part of one (1) or more lots.141
***142
Section 5. Corrections.Conforming language or technical scrivener-type 143
corrections may be made by the City Attorney for any conforming amendments to be 144
incorporated into the final ordinance for signature.145
146
Section 6. Codification.The provisions of this ordinance are to become and be 147
made part of the City of South Miami Code of Ordinances as amended; the sections of this 148
ordinance may be renumbered or re-lettered to accomplish such intention; and the word 149
“ordinance” may be changed to “section” or other appropriate word.150
151
152
Section 7. Severability. If any section, clause, sentence, or phrase of this ordinance 153
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 154
holding will not affect the validity of the remaining portions of this ordinance.155
156
Section 8. Ordinances in Conflict. All ordinances or parts of ordinances and all 157
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.158
159
6
Section 9. Effective Date.This ordinance is effective upon enactment.160
161
PASSED AND ENACTED THIS _____ day of __________, 2020.162
163
ATTEST:APPROVED:164
165
166
________________________________________167
CITY CLERK MAYOR168
169
1st Reading170
2nd Reading171
172
READ AND APPROVED AS TO FORM,COMMISSION VOTE:173
LANGUAGE, LEGALITY AND Mayor Philips:174
EXECUTION THEREOF:Vice Mayor Welsh:175
Commissioner Gil:176
Commissioner Harris:177
Commissioner Liebman:178
____________________179
CITY ATTORNEY180
7
16SE SUNDAY SEPTEMBER 6 2020NEIGHBORSMIAMIHERALD.COM
8
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
L egal Holid ays
Miami , Miam i-Dade County. Flolida
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COUNTY OF MIAMI-DADE:
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of ':O".1:e L"I tne matte r of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -SEP. 15. 2020
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i,
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 w ill be holding its City
Commission Meeting VIRTUALLY. The meeting Is scheduled to begin on
Tuesday. September 15. 2020 at 7:00 p.m. to cons ider the following pub lic
hearing item{s):
A Resolution authorizing the City Manager to enter into multi-year lease
agreement with Quadient Leas ing USA, Inc., for a digital mail postage
meter through a State of Aorida piggyback agreement, contract no.
44102100-17-1.
An Ordinance amending the Land Development Code to support development
of legally nonconfonning 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 15A Tltled ·Parklng Meters-by repe aling all of the par\(ing regulation
of Chapter 1SA and substantially updating those parking regulations.
City staff and all Commission members will participate by vid eo conferencing
through the Zoom platform and members of the public may join the
meeting via Zoom at (https:l/zoom.usfLl3056636338) and participate. If you
desire to pre sent 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 mee ting notice posted at City
Hall and at htlp:/lwww.sou thm iam ifl.gov/580/Public -Meetinos·Notices. Anyone
who wi shes to re view pending application and supporti ng documentation
in person must make an apPOi ntment by calling 305-663-6340.
Please note that Governor DeS an tis 's Executive Order Number 20-69 suspended
the requirements of Sec tion 166.041(4), Fla. Stat., that a quorum to be
present in person . and that a local govern ment 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 bod ies.
Note that pursuant to Fl orida Statutes 286.0105, a p ers on who decides to
appeal any decision mad e by a Board , Agency or Commission wi th respect
to any mat ter considered at its meeting or hearing. a record of the proceedings
will b e required for said appeal and such person Vlill be required to have a
verbatim transcript of the proceed ings including the tes ti mony 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 parti cipate in a City program, activity or even t,
you must on or before 4:00 p.m. 3 bU sine ss days before the meetin g (not counting
the day of t he meeting) deliver your request t o the City Clerk by telephone:
30 5-66 3-6340 , by mail at 6130 Sunset Drive, South Miami, Florida or em ail
at npayne@southm iamifl.gov.
9/4
Nkenga A. Payne, CMC
City Clerk
20 '58/0000486239M
9