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Ord No 01-21-2391ORDINANCE NO.01-21-2391 An Ordinance amending Section 20-3.6(L) of the City of South Miami's Land Development Code to amend the Supplemental Regulations regarding the storage of boats. WHEREAS, the purpose and intent of the City of South Miami's Land Development Code ("LDC") is to promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami through the regulations of the Code; and WHEREAS, Section 20-3.6 of the LDC requires that storage of boats, other than those that are generally accepted to be of a rowing or paddling type, must be on a trailer; and WHEREAS, the storage of boats is commonly regulated for the purpose of maintaining community standards of aesthetics and property values; and WHEREAS, the unregulated storage of boats may detract from the harmony and aesthetic quality of a neighborhood, thus lowering the market value of other properties in the area; and WHEREAS, as boats may be unused for long periods, undetected leaks of engine fluids and gasoline may pose a threat to the environment, wildlife, and residents; and WHEREAS, the noise levels of these boats, when their engines are running while on dry land, may be higher than passenger vehicles, thus disrupting the quiet enjoyment of nearby residents; and WHEREAS, on July 14, 2020, the Planning Board held a public hearing on a similar ordinance and voted six (6) to one (1) to recommend approval of amendments to Section 20-3.6(L); and WHEREAS, the City desires to improve community standards and aesthetics as well as to protect property values. 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. Section 2. Section 20-3.6(L) "Boats and Trailers," of the City's Land Development Code, is hereby amended to read as follows: Section 20-3.6 Supplemental Regulation Page 1 of 3 Ord. No. 01-21-2391 (L) Boats and Trailers. (1) A GGesse fy-Storage of Boats . A motorboat or sailboat may be stored only in RS zoning districts of the City, it must be stored on a trailer that is in -good condition, operable and capable of moving the boat (hereinafter referred to as a Trailered Boat") and it must be stored in accordance with the following definitions and requirements: (a) Definitions: A "motorboat" is defined for this Subsection as a boat that is equipped with a motor for propulsion or that is designed specifically to be equipped with a motor. (ii) Storage of a boat is defined for this Subsection as a Trailered Boat that has been parked in one position for more than 12 hours. (b) No Trailered Boat may be stored in the public right-of-way. (c) No more than one Trailered Boat may be stored in any front yard. (d) No Trailered Boat may be stored closer than 5 feet from the front property line and no closer than 5 feet from the front yard's side property line. (e) No major repairs or overhaul work may be made or performed on a Trailered Boat while it is in the City. (f) A Trailered Boat must have a valid state vessel registration decal visible on the front of the boat, it must be parked on a trailer that has a valid state registration, license taq and decal and it must be registered and belong to a resident of the home where the boat is being stored. (g) No Trailered Boat measuring more than 32'0" in length, excluding the bowsprit, (Large Boats) and that is not already stored on a lot as of February 2, 2021 (Effective Date), may be stored in the City. A courtesy notice of civil infraction will be served on the owner of the real property where the Large Boat is found to be stored after the Effective Date. If the Large Boat is not removed from the City within 1 week of receiving the courtesy notice, a citation will be issued to the owner of such real property. It is the property owner's burden to prove that the boat was stored in the City prior to the Effective Date. A boat owner may register a Large Boat that was being stored in the City prior to the Effective Date. Registration must be under penalty of periury and, if filed with the City Clerk before or within 14 days of the Effective Date, such registration will be irrebuttable evidence of the storage of the Large Boat prior to the Effective Date. (h) No boat engine may be "revved" (the rapid acceleration with rapid deceleration). (i) All beats that aFe allowed by this SeGfien to be StWed in the Goty must ben Page 2 of 3 Ord. No. 01-21-2391 a Must be FnaeRtaoned' a Glean. neat, aF)FeseRtable G9^'r'=^n All boats must be operational and usable and the areas where the boats are stored must be maintained in a clean neat and presentable condition. Q) All Trailered Boats must be secured to the trailer so that it will not be a hazard or menace during a hurricane or high winds. Section 3. 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 4. Codification. The provisions of this ordinance shall become and be made part of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other appropriate word. Section 5. 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 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. Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 2nd day of February, 2021. ATTEST: APPROVED: CI CLE MAYOR 1st Reading — 1/19/2021 2nd Reading — 2/2/2021 READ AND APPROVED AS TO FORM. COMMISSION VOTE: LANGUAGE, LEGALITY, AND EXECUTION THEREOF _ �Cz S4 Ci`. ATTORNEY Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: Page 3 of 3 3-2 Yea Yea Nay Nay Yea Agenda ftem No:5. City Commission Agenda Item Report Meeting Date: February 2, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Rem Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 20-3.6(L) of the City of South Miami's Land Development Code to amend the Supplemental Regulations regarding the storage of boats. 3/5 (Mayor Philips & Vice Mayor Welsh) Suggested Action: Attachments: ORD Boat AmendmentBW 2 SunshineCCAmendments.docx Miami Herald Ad.pdf 185E NEIGHBORSagHOAY IAXWrrl4 tNl MINIHEM I)COM CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS Ir after to balance the need for the City of South Miami to function and conduct vital Wages. during the COVID /9 pandemic and, at the same time, to protect the heart. .", and welfare of its citizens, officers, officials and administrative fight, and pursuant Oty of South Miami Code, Chapter 286.011, Fla. Stal, the City's Home Rule Powers, and'be Govemor's and City Manager's declaration o1 a state of emergency due to the Carrnarims, the City will be holding its City Commission Meeting VIRTUALLY through communications media technology (CMT) until the stale of emergency has ended or social distancing Is oo longer required by any relevant Executive Orders. Governor DeSamss Executive Order(E.O.) Number 20.69 suspended met portion W Section 166D41 HI. Fla. Stat., that required a quorum to be present to adopt resolutions and enaG ordinances. The Attorney General has Interpreted this to mean that a quorum nam'be physically present. if E.O. No. 2"S Is extended, City staff and all Commission mem oem will participate by video confermaing through the Zoom platform and members of he public may join the meeting via Zoom at (hags://zgom.uz/I/306fifi36338) and participate. If E.O. No. 20.69 is not extended, a minimum of three members of the CBy Commissioner wgl be physically present in me City Commission Chambers' and they will be broadcast on the Zoom platform along with all ogler members of the Commission, Cky Staff and the public who may attend remotely from the Commission Chambers and hcm barer locations. The meeting is scheduled to begin on Tuesday. February 2. 2020 at 7.00 p.m. to consider the following public hearing item(s): An Ordinance amending Section 2".6(L) of the City of South Miami'5 Land Deaelopment Cade to amend the Supplemental Regulations regarding the storage of basis. An Ordinance of the Mayor and City Commissioners of the City of South Miami Burning a sewer easement to Miami Dade County. An Ordinance related to the fee schedule; amending the current Schedule of Fees and Fines to add new fees related to the tennis fee schedule at Dante Fascell Park for new evening court lees. If you desire to present evidence or you are unable to use Zoom, mere are Procedures to Imlo ,anti 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 Hell and at hap://www.southmiamifl.00v/Sell/Public- MeettnmsNohill Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Now het pursuant to FlmIN Stearns I06.0105, a peson who OmJMs to appeal any ONe d. made by a Board, Agency or Commission with respect to any matter considered st as meeting or hearing. • cam W the proceedings wil be required for said appeal and sum person Mu be required to have • vvbitlm transcript of proceedings mousing the testimony and evidence upon which the appeal a If be based. L k to request a mMd lion to a polky, mactlu or Procedure or to rgeesl an aueglary aide or sennad in order to participate In a airy program. acMMty, or suer, you must on or before 4:00 am. 3 WLrau drys affair Me emper, (net owming the day 0 the mooling) drawn your requenl to me Cit> OeM by lelephons 305563,6340, by mail st 6130 sweet Dove. South Mle , Maras or amag r, mpereseauthmiemm.gov. Nkenga A. Payne, CMC City Clark raw e.weweaeng.reefw adfplaeermwfmwwwdmgmorah.g. ere egrwnp166aarpl "•a vrr a me mm normN thu guver g rgay a nce,.1 ud.0 s l esibu er anbmeaw vie d e mycrXy d a wo .ry ryeeeM h nocenv/lo eMp dry fNlMnu or stet NV reaflWlN. •'• FLORIDA KEYS Publix stores in the Keys started booking COVID vaccine appointments. They're all taken for now are cwcu grog, zMerawPayolm,.com Two Publix pharmacies in the Florida Keys, one in Key West and another in isiamamis, will distribute the COVID-19 vaccine this week. LOCATIONS Publix, which has two core. in Key West, will offer the vaccines for now only at the one at 1112 Key Plus, according to the grocery chain's list. The Publix to Islamorada is at 83268 Overseas Highway. RESTRICTIONS The vaccines will be offered to resdeme 65 and older and will be available by appointment only, Gov. Ron DeSands said at a news conference in Jupiter on Tuesday. APPOINTMENTS AND WHEN THE SHOTS WILL START The two Keys Publix pharmacies started taking appointments for eligible people after 6 a.m. Wednesday, and shots are scheduled to begin to be administered on Thun- day,according toPublix. But Wednesdaymum- ing, Pablix announced online that ail available vaccine appointments had been claimed. Appoint- ment -making will resume after 6 a.m. Friday for Antonio Castro receives the Pfizer-BoNTech COVID-19 vaccine from Walgreens Pharmacy Intern Erika Blanco, 24, at The Palace Renaissance g Royale. an assisted living facility in Kendall, on Wednesday, January D, 2021. Vaccines were available Wednesday for The Palace residents and staff. appointments that wlB startSBmrday. Those eligible for the COVID-19 vaccine in Film - his, by appointment only, we: healthcare personnel with direct patient contact, residents and staff of long. term care facilities and adults 65 years and older. You can't call the store to get an appointment. "Vaccination appoint- ments are scheduled on- line only," the website said. "Appointments can- not be made by calling Publix or the Publix phar- macy." Each store will have 100 or 125 shots available per day, 116wris said. KEYS STATS According to the stam's Monday vaccine =port, 4,207 people in the Keys have been vaccinated with 260 receiving the required W. doses. Monroe County is home to about 74,000 people. More than one million Floridians have been vacci- nated and 100,351 people have received both doses. Given FBorc KOWWGwrn