Ord No 28-20-2382Ordinance No. 28-20-2382
An Ordinance amending the nand 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.
WHEREAS, the Land Development Code (LDC) regulates residential development
through standards for minimum lot size, lot frontage, and building setbacks, and maximum
building coverage and impervious coverage (described as "dimensional requirements"); and
WHEREAS, many legally platted residential lots do not comply with the dimensional
requirements for size or frontage either because the platting occurred before the adoption
of dimensional requirements or the dimensional requirements changed after platting
occurred; and
WHEREAS, the LDC also controls new development on nonconforming lots; and
WHEREAS, given the dimensional requirements and the provisions for
nonconforming lots, many legally platted lots are difficult if not impossible to develop; and
WHEREAS, the nonconforming lots, if developed, could yield increased housing
diversity, more affordable units, and complete the urban fabric of the neighborhoods; and
WHEREAS, the City's Comprehensive Plan includes policies about encouraging more
diversity in housing types and prices; and
WHEREAS, after a public hearing on July 14, 2020, the Planning Board voted
unanimously to recommend approval of the proposed ordinance; and
WHEREAS, the City Commission desires to make feasible development of single-
family homes on small, nonconforming lots.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, 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.
SectionSection 20-3.5E is hereby amended to read as follows:
Pagel of 6
Ord. No. 28-20-2382
Section 20-3.SE
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS - ONE-STORY
$S-1
RS: ?
S-3
RSA
$O5_
Min. Lot Size
Net Are . ft.
40,000
15,000
10,000
6,000
6,000
Frontage ft.
125
100
75
60
SO
Min. Yard Setbacks ft.
Fronts
50
35
25
25
25
Reard
25
25
25
25
25
Side Interior as
12.5
10
7.5
7.5b
7.5b
Side Street
25
20
20
15
15
Max. Building Hei t Feet
25
25
25
25
25
Max. Building Coverage % First Floor
20
30
30
30f
30
Max. Impervious Coverage %
130
140
140
1 45s
145
a Cumulative width of both side yards "may—nol be not less than 20 percent of
total lot width.
b Except that additions to existing structures may have 5 feet interior side setbacks
where any portion of the building already has a 5 feet setback.
c Except that a lot of record with a depth of 90 feet or less may have a front setback
feet
d Except that a lot of record with a depth of 80 feet or less an a -lot frontage of 35
feet or less may have a rear setback of 20 feet. A lot of record with a depth of 65feet
or less may have rearset-back of 15 feet.
a Except that a lot of record with a frontage of 40 feet or less may have a side
(interior) setback of 5 feet.
(Except that a lot of record with an area 2000 square feet or less may have a
maximum building coverage of 50%. A lot of record with an area of 2001 to 3.000
square feet may have a maximum building coverage of 40%.
s Except that a lot of record with an area of 2000 s uare feet or less may have a
ma2dmurn impervious -coverage of 70%. A lot of record with an area of 2001 to 3000
square feet may have a maximum impervious coverage of 55%.
S cdm 3. Section 20-3.5H is hereby amended to read as follows:
Section 2045H
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS - TWO-STORY
REQUIREMENT
RS-1
RS-2
RS-3
RS-4
RS-5
Min. Lot Size
Net Area (scl . ff.
40000
15000
10000
6000
6000
Frontage fL
125
1100
175
1 60
1 50
Page 2 of 6
Ord. No. 28-20-2382
Min. Yard Setbacks
ft
Fronth
50
35
25
25
25
Rears
25 125
125 125
125
Side (Interior)aA
For structures 12'
Refer to Table 1
or less in height, as
measured from the
first floor elevation
Portion of
Refer to Table 1
structure above 12'
high as measured
from the first floor
finished elevation.
Side (Street) — First
25
20
20
15
15
Story
Side (Street) —
25
25
25
is
11
Second Story
Max. Building
Height
Stories
2
2
12
2
12
Feet
25
125
125
125
125
Max. Building
Refer to Table 2
Coverage (0/o) First
Floor
Max. Impervious
Refer to Table 2
Coverage
Max. Floor Area
Refer to Table 2
Ratio (%) Second
floor
a Cumulative width of both side yards shall be not he less than 20 percent of
total lot width.
b Except that a lot of record with a depth of 90 feet or less may have a front setbacof 20 feet
c Except that a lot of record with
_a depth of 80 feet or less and a lot frontage of 3S or
less may have a rear setback of 20 feet.
d,Except that a lot of record with a frontage of 40 feet or less may have a side
(interior) setback of 5 feet.
TABLE 1
New Two -Story Single -Family Residential and
Second Story Additions
Minimum Setbacks Requirements
(Interior Lot)
Page 3 of 6
Ord. No. 28-20-2382
Existing Lot Frontage (fL)
First Floor
Interior Side Setbacka
Second Floor
Interior Side Setbackb
Less than 40
IQ
U
40-44
74MQ
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
where any portion of the building already has a 5 feet -foot setback.
b For pre-existing improved lots of record in RS-3 or RS-4 districts, that are 50 feet
or less in lot width, the second floor setback shall must be the same as the first floor
setback.
TABLE 2
New Two -Story Single -Family Residential and Second -Story Additions
Percentage Requirements for Maximum Building Coverage,
Impervious Coverage and FAR
Lot Size fsq. fQ
Maximum Building
Coverage
Maximum
Impervious
Coverage
Maximum Floor
Area Ratio
z 0
0.500
0.700
0.90
.000
0.400
0.550
Q650
4.000
.0
o s
0.650.
5,000
0.300
0.450
0.550
6,000
0.300
0.450
0.525
Sectio a 4. Section 20-4.8 is hereby amended to read as follows:
(D) Nonconforming Lots of Record
(1) Notwithstanding limitations im op sed by o�therrnrovisions of this Code. in IR
any district in which single-family dwellings are permitted, a single-family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption or amendment of this Code; '
PF9%4siens of this GedThis provision will apply even though
such -lot fails to meet the requirements for area or width, or both, that are generallx
applicable in the district. provided that yard dimensions and requirements other
thanfor area or width. or both. of the lot conform to regulations for the -district -in
which the lot ig located.
hal Sueh lets must be in separate evmernship and not of eentinaeus
Page 4 of 6
Ord. No. 28-20-2382
%h1 Thin r'.r•Arsi�ian chAll Aaalu Puna thA,i�h n.rnh lot fails to rr.Pet the
r.Pmri.+PmPr.tt. TAr. Ar.eA AM.wri.ith ! AM hAth, irthat
are
er.er+wllrf anal
ieable is the rlistget
ided that warel dim
h9th AEthe IAt ro a*eFm to r.em1IAtienS_fAr• the rlintr•iet in x.yhiwh the lot in lenAterl
(2)
* !
and i
ith rf WAM AM AaAFl.a lotswh IAtor- aAr•well•_ iarlir,i il„AIIrf_iL•IAflP_tAA nrrlwll i17 any
ii ira PasiAa *'e
harzated, then Such mmm aflatn;and gAr. par -eels shall be eenside ed as. a- sinalp lat ef
(a) No portion of said panel of l r be used or sold in a manner
which diminishes compliance with lot width and area requirements established by
this Code.
(b)
AM Ar.eA baelA,w,_the r•equ r.ea,Patc. Akthis Gede. No lot may be divided unless all of the
subdivided parts comply with the width and area requirements of this Code,
(3) If a part of a lot is conveyed. it may -not be developed unless it is a buildable
lot that has been created in accordance with Section 20-4.2 of this Code, A lot that
has not been created in accordance with Section 20-4.2 may not bed veloped nor
mavAtbe-used4sim of the development-ofanv other lot for anv ournose.
(34) If any person shall have at any time after passage of this Code created a lot or
parcel which fails to conform with the dimensional requirements of the district in
which it is located by selling part of a lot, without the appr val of the City
Commissionsuch sale shallwill not have no- .effect for purposes of this Code
and the lots and/or parcels shall still be considered as part of one (1) or more lots.
Corrections. Conforming language or technical scrivener -type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated into the final ordinance for signature.
Section 6. Codification. The provisions of this ordinance are to become and be
made part of the City of South Miami Code of Ordinances as amended; the sections of this
ordinance may be renumbered or re -lettered to accomplish such intention; and the word
"ordinance" may be changed to "section" or other appropriate word.
Section 7. 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 will not affect the validity of the remaining portions of this
ordinance.
Section 8. 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.
Page 5 of 6
Ord. No. 28-20-2382
Section 9. Effective Date. This ordinance is effective upon enactment
PASSED AND ENACTED THIS 15d' day of September. 2020.
ATTEST:
CITY, LERK
In Reading: 9/1/2020
2nd Reading: 9/15/2020
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
ATTORNEY
APPROVED:
MAYOR
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 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_nonconform ing_lots_lst_readjtCArevCCame nd.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
165E
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordancewith City of South Miami Code, Chapter 286.011, Fla.Stat, theCity'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. September 15,
2020 at 7:00 p.m. to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter Into multi -year lease
agreement with Ouadient Leasing USA, Inc., for a digital mall postage
meter through a State of Florida piggyback agreement, contract
no. 4410210an-1.
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 15ATI0ed"Parking Meters" by repealing all of the parking regulation
of Chapter 15A and substantially updating those parking regulations.
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 (htkps://zoom.us/j/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
htip://www.southmiamifl.gov/580/PubllcMeeting"oUces. Anyone who wishes
to review pending application and supporting documentation In person must
make an appointment by calling 305-663-6340.
Reuse sate that Governer DeSande's Executed Order Number 20-69 suspended the rabblement.
of Section 766.041 (4), Fla. Stat, that a quorum to be present In person, and that a local government
body meet At a smelgc public place. The Exeputive Order also allows lord government mom. to
utilise co ddrunlcetlms, media technology, such as telephonic and vote conterendng such as Zoom
far meeetrgs of boat government bodies.
Nos the yrsuant to Inodda StaMes 286,0105, a person who peoples to appeal any Seddon made
by a Bove Agency or Commiads. aim radreG to any matler cmddered at Its mecum, or pending, a
record & See proceedings Art be required for sale sop" and such person M8 be required to have e
verhapm brsstdpt SIT the proceedings including the testimony and evidence upon which me appeal la
to be bash.
ADA, To request a modification to a policy, practice or procedure or to mqued an auelliary eaide or
F prefer to participate In a Chy program, activity or event, you must on or before 4:00 p.m.
3businau days before the meeting (not counting the day of the meeting) deliver your request Is the
City Clerk by telephone: 305�66aua340, by mail at 6130 Sunset Drive, Sam Miami, Flodda or email
at npayneRncuthmlamig,ov.
Nkenga A. Payne, CMC
City Clerk
SUNDAY SEPTEMBER 6 2020
MIAMIRERAI.D.(OM
CITY OF SOUTH MIAMI, FLORIDA
NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE
PLANNING BOARD
In accordance with City of South Miami Code, Chapter 286.011, Fla. Slat, and
Executive Order Number 20-69, as amended by EO 20-112, 20-123, 20-139, 20-150,
20-179 and 20-193 the City will be holding its Planning Board Meeting VIRTUALLY.
The meeting Is scheduled to begin on Monday. September 14. 2020 at 7,00 p.m.
to consider the following public hearing items:
1. PB-20u017
Applicant: 5907 SW 80" Street, LLC
A Resolution relating to a Waiver of Plat request to allow a subdivision of
property located at 5907 SW 80 Street and as legally described herein.
L..
- _ SW 79TH ST - -
-
as as
as as
se se,
SW BOTH ST
_ _ areas � H.
aO be
T —
a
c
m as
SW 81 ST.ST
All Board members as well as City staff will participate by video conferencing through
the Zoom platform and members of the public may join the meeting via Zoom at
(hnos://zoom. us/i1305663fi3381 and participate. If you desire to present evidence or
you are unable to use Zoom, there are procedures to follow and otheroptions 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 HID, Wwvsouthmiamdl.00v/58CiPubllc-Meetinos-NotImsWxr southmiamifi.00v/58CiPublic-Meetinos-Notimss. Anyone who wishes to
review the pending application and supporting documentation In person must make an
appointment by Calling 305-663-6327 or 305-663-6331
Plm.. 1w. w:...nnv oesans: E..emive amr Number. euelaneee me me.a ,,. of somol 1seW111
re San. Intl e m m p, ee 1 In pens. ena tnel a heal gwemmml Iway meet nl . aoe Nest dam.
The EavWNe dimal:. aumr laral m', e.Enx 1..'_ mmmonme.ns mma l.rAnd yy. s 51d.o..Ivc a.e
.6nlen'd.a suc11 as Zwm rd mbdrq¢ of heal 0o.emmm1 .e.. Nate aul ou,w.nl 1. FImIG s..0 fM 01 as
sun. aotldca lo.ppeal.ny 1.6s 1mnae r,a pIsm.re.1q.1C.mmiawn WN smell...,,,vine, mnege,ea
I. e..1, m P,rml, a 1.l the S1 . 1bu M11 Le,eplmea la care rlM.l .I.h, rma Wl be 1,1 ea to nave
TuemeY I'mror p In Ning. intluplry iris lea0m , ena cirra- upon .1m 11e nppeal la Ie ur psaea MA
o : 'Zp m. S. pa,,, war+lu, •hury a
sae, 1 w^^.Cane n per o,.vr,^. aKy b, h� ma Ida a 3 d mn
1. cbv "p lee say c e meetinal bee. me my ,q ael.e, Y-11b, a Cr, eb1 eym"hpnea:
]aS7n56M IAerl m i�„I upd xm1M) m by ay al ofM Sumer Dnm I.
Nam Flmaa u avi n
MIAMI DAILY BUSINESS REVIEW
Publehed Daily except Saturday. 3uday and
Legal Holidays
M'ami. Miami -Dade Courtly. Fb,ida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before 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 We Miami Review, a daily (except
Saturday. Surday and Legal Holidays) newspaper,
p�bdsh8d at Miami in Miami -Dade County, Flonda: that the
a'_a:he1 copy of advertisement. being a Legal Advertisement
Y Notice :n the Mader of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - SEP, 15.2020
,..: ie XXXX Court.
w?S p,Khshed in sa'd newspaper in the issues of
ASant 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 hall heretofore
o.bs,. d in said Miarra-Dade County. Flonda
ea_ da, e.cez Saurday' Sunray and Legal Holidays) and
as entered as second class mail matter at the post
cte :n M!am in said Mumv-Dade County, Florida. for a period
or cx year next preceding the first publi®tion of the attached
cony of advertisement: and aRant further says that he or a"
has neitner paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper.
Swam am Subscribed bllbre me Nis
4 day of SEPTE ER. All. 2020
a a
(SEAy
GUILLERMO GARCIA personally known to me
BOUT
7
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• mcoxroeum
1927 '
�tOR10
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City o1 South Miami Code, Chapter 286.011, Fla. Stat.
the City's Home Rule Powers, and the City Managers declaration of a
state of emergency due to the Corwtevirus, the Oty will be holding Its City
Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesday, September 15, 2020 at 7t00 P.M. to consider the following public
hearing ftem(s)
A Resolution authorizing the City Manager to enter Into multiyear lease
agreement with Ouadlent Leasing USA, Inc., for a digital mail postage
meter through a State of Florida piggyback agreement, contract no.
44102100-17-1.
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 204.8 Nonconforming uses
and structures.
An Ordinance amending the City of South Miami Code of Ordinances
Chapter 15A Titled 'Parking Meters' by repealing all of the parking regulation
of Chapter 15A and substantially updating those parking regulations.
City staff and all Commission members will participate by video conlerencing
through the Zoom platform and members of the public may join the
meeting via Zoom at (httPsJ/z00m.usll/30566363381 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 fisten and participate In the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hell and at hdoJAvww.southmiamig aov/580/Public-Mmlinos-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 Oder Number 20-69 Suspended
the requirements of Section 166.041(4), Fla. Start., 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 cr Commission with respect
to any matter comidered 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 includ'ag 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 older to participate in a City program, activity or evert,
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@southmiami6.gov.
Nkenga A. Payne, CMC
City Clerk
914 20.66/0000485239M
E