Ord No 19-19-2332ORDINANCE NO.19-19-2332
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article VI, 20-6.2 to make revisions.
WHEREAS, the Mayor and the City Commission desires to amend Chapter 20,
Article VI, Section 20-6.2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Sectionl. The City of South Miami Land Development Code, Chapter 20, Article 20-
6.2 is hereby amended to read as follows
20-6.2 - Appeals and Review.
(A) 0�P&Appealable Decisions: . All decisions and
of
any Board having authority to make a final decision on an application ("Appealable
Decisions") must be in writing, delivered to the applicant and they are subject to
review by appeal to the City Commission
building peFmit after- two (2) weAdng days (e3teluding Satwdays, Sundays and legal
Miami Dade GeufAy holidays) fellelAing the day of the ERPB meeting, at whieh the
91
(1) Notice of Appeal and Standing: An appeal of an ERPB final an Appealable
Ddecision, or the deferral of action or failure to provide a final decision by any Board
subseauent to the matter beina scheduled for Board action ("Failure to Act") of
meemmeadm may be taken to the City Commission by a person with standing to
appeal if a request for appellate review ("Notice of Appeal is wed delivered to
("served on",) the City Clerk within thirty (30) days of receipt
by the applicant of the Appealable Decision, or Failure to Act or- before a building
pemit is issued, whieheyer eemes first. All documents are deemed filed upon
delivery of the document to the City Clerk. The appeal shall be filed with the City
Clerk upon a form prescribed therefor by the City Clerk. Appeals may be filed by the
appl;the person applying for action by the Board or, in the case of an Appealable
Decision involving the use of land, , or- resident e
any person affected by such Appealable
Decision ("Affected Person") who has standing to appeal. The only persons who
have standing, to appeal, or to take part in an appeal of an Appealable Decision or
Failure to Act are those who have applied for the Board action to be reviewed, the
City Manager and an Affected Person who lives, or who owns property or a business
located, within five hundred (500) feet of the property t•„aer- r-e. ew that is the subject
of the appeal. The person filing the Notice of Appeal shall be designated as the
appellant and if the appeal is filed by an Affected Person who has standing to appeal,
Page 1 of 4
Ordinance No. 19-19-2332
the person applying for the Board action and the City Manager shall have standing to
oppose the appeal and shall be designated as the appellee. The City Manager shall
have standing to appeal any Appealable Decision or Failure to Act.
7
(42) Record on Appeal: The evidence on appeal shall be limited to the documents
reeeM whieh shall that consists of the written decision, if any, of the Board, a
transcript of the proceedings, if it has been transcribed, and any the documents
that were presented to the Board and any documents taken into consideration by
that Board at the pei4inent ("record on appeal"). The City Clerk shall
prepare the record on appeal .
appeal.tmnserript is a prerequisite to the The City Commission may request a
partial or full transcript of the Board proceedings if there is an audio recording or
court reporter's shorthand notes of those proceedings. If the City Commission
requests a transcript and the transcript is not already available, the Appellant shall
have the transcript made and filed with the Clerk and it will be a prerequisite to a
final decision regarding the gppeal unless the City Commission subsequently
withdraws this requirement.
jrjr-..—.w — be gfeunds for- the dismissed of thee
ei, — I.. or- the delay and an emtensien of time is gfafAed
by the City Clerk -for- the -preparation errigt.) the-h
appeal e as well as all ether- sehedule ef events, sueh 5 ef briefs;
(4-1) Briefs: The appellant shall prepare a written statement of the issues and an
argument ("brief') which shall be filed with the City Clerk and delivered "
to all parties to the appeal by hand, facsimile transmission, e-mail or other acceptable
electronic transmission, at least twenty-six (2-8-L6) days before the hearing on the
appeal ^M C,,,,,-,,;�;,,,, , evie.,.. The opposing party ("appellee") appellee, which may
include the City, may also prepare a brief, if desired, which shall be filed with the
City Clerk and served on the appellant at least six (6) days before the scheduled
appellate hearing. The appeal shall be limited to the issues raised in the briefs and
facts contained in the record on appeal.
(B) Stay of Proceedings, Certification. An appeal stays all proceedings in furtherance
of the action appealed from, unless the City Commission finds that there is competent
substantial evidence to support the finding of facts and conclusions in the certificate
of the officer, department director, City employee or board (hereinafter collectively
referred to as "Officer") from whom the appeal is taken, that a stay would, in the
Officer's opinion, cause imminent peril to life or property or that because the
violation charged is transitory in nature a stay would seriously interfere with
enforcement of the Code.
Page 2 of 4
Ordinance No. 19-19-2332
(C) Restraining Orders. If certification occurs in accordance with subsection (B)
above, proceedings may not be stayed except by a restraining order, which may be
granted by the City Commission or by a court of reeer-d competent jurisdiction on
application, on notice to the Officer from whom the appeal is taken and on due cause
shown.
(D) Appeal Hearing. The City Commission shall hear and enter a decision on all
appeals within sixty (60) days of the date of filing said the Notice of Aappeal, and
shall provide due notice of the appeal -appellate decision to the parties provided the
appellant has timely filed a transcript of the proceedings, if available and if required
by the City Commission. If the City Commission requests a transcript of the
proceedings that were recorded or for which there are short -hand notes of the
underlying proceeding, the City Commission may defer the hearing and provide a
time limit for the preparation of the transcript. In such event, the appeal will be
dismissed if the transcript is not filed within the time required by the City
Commission.
(E) Commission Action. The City Commission may reverse, affirm or modify any
order, requirement, decision or determination appealed from and shall make any
order, requirement, decision or determination that, in the City Commission's opinion,
ought to be made in the circumstances.
(F) Modification Allowed. When practical difficulties or unnecessary hardships
would result from carrying out the strict letter of a Code provision, the City
Commission may, in passing upon appeals, vary or modify any regulation or
provision of the Code relating to the use, construction or alteration of buildings or
structures or the use of land, so that the spirit of the Code is observed, public safety
and welfare secured, and substantial justice done.
(G) Prior Denials. The City Commission shall not be required to hear an appeal or
application previously denied if it finds that there has been no substantial change in
conditions or circumstances bearing on the appeal or application.
Section 2. Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended.
Section 3. 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 4. 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 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this 7th day of May, 2019.
Page 3 of 4
Resolution No.19-19-2332
ATTEST:
1
CITY CLERK
I" Reading: 4/2/19
2"d Reading: 4/16/19; 5/7/19
APPROVED:
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Page 4 of 4
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: May 7, 2019
Submitted by: Nkenga Payne
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VI, 20-6.2 to
make revisions. 3/5 (Mayor Stoddard) deferred April 16, 2019
Suggested Action:
Attachments:
CA Proposed Amendment to ERPB Ord. and 20-6.1(C).doc
Ord_Amending_LDC_re_ERPB vXsaCArev3aCArevfinal2.doc
Ord_Amending_LDC_re_ERPB_vXsaCArev3aCArevfina12v2Amended 1stReading.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
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granted by the City Commission or by a court of reeerd competent jurisdiction on
application, on notice to the Officer from whom the appeal is taken and on due cause
shown.
(D) Appeal Hearing. The City Commission shall hear and enter a decision on all
appeals within sixty (60) days of the date of filing said the Notice of Appeal and shall
provide due notice of the appea4-appellate decision to the parties provided the
appellant has timely filed a transcript of the proceedings, if available and if required
by the City Commission. If the City Commission requests a transcript of the
proceedings that were recorded or for which there are short -hand notes of the
underlying proceeding, the City Commission may defer the hearing and provide a
time limit for the preparation of the transcript. In such event, the appeal will be
dismissed if the transcript is not filed within the time required by the City
Commission.
(E) Commission Action. The City Commission may reverse, affirm or modify any
order, requirement, decision or determination appealed from and shall make any
order, requirement, decision or determination that, in the City Commission's opinion,
ought to be made in the circumstances.
(F) Modification Allowed. When practical difficulties or unnecessary hardships
would result from carrying out the strict letter of a Code provision, the City
Commission may, in passing upon appeals, vary or modify any regulation or
provision of the Code relating to the use, construction or alteration of buildings or
structures or the use of land, so that the spirit of the Code is observed, public safety
and welfare secured, and substantial justice done.
(G) Prior Denials. The City Commission shall not be required to hear an appeal or
application previously denied if it finds that there has been no substantial change in
conditions or circumstances bearing on the appeal or application.
Section 2. Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended.
Section 3. 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 4. 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 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this day of 12019.
ATTEST:
APPROVED:
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CITY CLERK
1" Reading
2'td Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Hams:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
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ORDINANCE NO.
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article HI, Sections 20-3.4, 20-3.5 and 20-3.6; Article IV,
Sections 20-4.3, 20-4.5, and 20-4.5.1; Article V, Sections 20-5.11, 20-5.12, 20-
5.13, and 20-5.23; Article VI, 20-6.2.; Article VII, Sections 20-7.14, 20-7.15,
20-7.22, 20-7.24, 20-7.52; Article VHI, Sections 20-8.9 and 20-8.12; Article
IX, Section 20-9.5; Article X, Sections Section 20-10.4. 20-10.5 and 20-10.9;
Article XI, Section 20-11.9; and to amend the City's Code of Ordinances,
Chapter 7, Section 7-3.1; Chapter 8A, Section 8A-1; Chapter 13 Article X,
Section 13-85 to amend the powers of the Environmental Review and
Preservation Board and to make other revisions.
WHEREAS, the Mayor and the City Commission desires to amend Chapter 20,
Article III, Sections 20-3.4, 20-3.5 and 20-3.6; Article IV, Sections 20-4.3, 20-4.5, and 20-
4.5.1; Article V, Sections 20-5.11, 20-5.12, 20-5.13, and 20-5.23; Article VI, Section 20-6.2.;
Article VII, Sections 20-7.14, 20-7.15, 20-7.22, 20-7.24, 20-7.52; Article VIII, Sections 20-
8.9 and 20-8.12; Article IX, Section 20-9.5; Article X, Sections Section 20-10.4, 20-10.5 and
20-10.9; Article XI, Section 20-11.9 and to amend the City's Code of Ordinances, Chapter 7,
Section 7-3.1; Chapter 8A, Section 8A-1; and Chapter 13 Article X, Section 13-85 to make
the ERPB an advisory board.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami Land Development Code, Chapter 20, Article III,
Sections 20-3.4(B) (22), 20-3.5H and 20-3.6 subsections O, Q and W are hereby amended to
read as follows:
Sec. 20-3.4
(B)
(22) AUTOMOBILE RENTAL AGENCY. The following requirements shall be
applicable to all automobile rental agencies allowed as a special use: (a) No ingress or egress
to the automobile rental agency shall be permitted through abutting residentially zoned
parcels. (b) When adjacent to a residential district, a landscape buffer acceptable to the
Ceity!s- CommissionF4" shall be constructed along dividing property lines.
Sec. 20-3.5
H
(C) Performance Standards. The performance standard set forth in this section will
guide the development of two-story residential homes in the single family residential 6
I districts: RS-1, RS-2, RS-3, RS-4 and RS-5. The performance standards are necessary in
2 order to address yard setbacks, open space, adequate landscaping, plan review process, and
3 existing character of the residential neighborhoods in the City of South Miami. By
4 implementing these standards, the Ceity will be able to preserve and enhance the
5 neighborhood character through architectural designs that are consistent and responsive to
6 the individual context of the Ceity's architecturally diverse neighborhoods.
7
9 ***
10 (9) Architectural and Site Plan Review. All new two-story homes or second story
11 additions shall be reviewed by the Environmental Review and Preservation Board (" BRPB1
12 consistent with Section 20-6.1(C) of the Land Development Code. The design review must
13 be based on sound and clearly articulated design principles. The architectural plans must be
14 signed and sealed by a Florida Registered Architect.
15 (a) The ERPB shall consider and apply the following features as part of the review:
16 (i) Scale, color, texture, appropriateness, and aesthetic quality of all proposed
17 buildings and other structures;
18 (ii) Quantity, quality and arrangement of all proposed landscaping and open space
19 features;
20 (iii) Overall compatibility of the proposed development with the existing and desired
21 character of the property and neighborhood in which located; and
22 (iv) The installation of sidewalks along all arterial roadways and compliance with the
23 City's sidewalk policies and requirements.
24 (b) Designs should use a mix of articulation, architectural elements and exterior
25 finishes reducing the perceived scale and bulk of buildings, including low to moderately
26 pitched roofs and recesses under roof creating indoor/outdoor living spaces (terraces). In
27 considering the design of the building, the ERPB shall
28 'render a recommendation to the City Commission for approval, approval with
29 conditions or denial deeisiea as to the adequacy of the elements in the design concept
30 ineluding, but net limited te!
31
32 Shatters
33
34 Windows (Fen �
35 Beers
36 Textufe of
37 Eelers
38 Reefs (materials, eale_ slope and ever -hang.)
39 Planters
40 Windew bexes
41 Walls, height, leeati.... materials, design
42 Height building
43 Leeatien of swaeture en site
44 Site eiFeulation in regafd navel, parking, sefviees, ..de and
45 landseaping
46 Leeatien ef _ sed piping, nd_:ts and rain water leaders
47
7
I All lighting (height, leeation and svylee)
3 (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a
4 statement explaining how the proposed building eemplies assimilates with the architectural
5 style surrounding the site must be submitted as part of the ERPB application. The ERPB shall
6 regainrecommend changes to the plans to ensure that the design preserves the existing
7 architectural style of the neighborhood, unless specified to the contrary, and promotes design
8 excellence in the community. The ERPB, as part of the its application for review, shall
9 require the submission of photographs of both sides of the street and all abutting properties,
10 on the block where the new two-story home or two-story addition is to be constructed.
11 (d) The architectural context includes the height, scale, massing, separation between
12 buildings, and style in regard to how buildings and structures relate to each other within a
13 specified area. Architectural context allows for differences in height, scale, massing, and
14 separation between buildings and style, when such differences contribute to the overall
15 harmony and character of the area. The ERPB shall net take inte eensideFmiea existing
16 buildings and street re that are eut r eeniem with h area t, eensidering whether
17 building straetafe of a substantial addition existing building
18 with beth sides ef the stFeet en the bleek where it is leeated and suFFeunding prepeffies. The
19 ERPB shall review the proposed building or structure in the context of that area in which the
20 site is located, with consideration when a new building or stfuePaFe or a substafffial additien
21 located on a building site that borders is en the berdeF
22 e€two areas of t§a6 have different character or content.
23 (e) The Planning Director shall have the administrative discretion to require the above
24 review process to be the accomplished prior to a Planning Board public hearing on the
25 proposed development application, if applicable.
26 (10) Findings. The ERPB shall detei:m�e make a written recommendation as to
27 approval or disapproval of the proposed designed plans and shall explain the reasons for its
28 recommendation. The Beafd shall prepare a ..:'.ttc., detenninatien in order the intent
29 of its deeisian The written recommendation detefminatien shall be filed with the Planning
30 Department for inclusion in the project record.
31 (11) Historic Preservation Board Review. Construction of a two-story home or a
32 second story additions or alterations to existing homes in the City's Historic District shall be
33 reviewed by the Historic Preservation Board and the ERPB. The Historic Preservation Board
34 shall review the application for consistency with the City's historic preservation guidelines,
35 requirements set forth in this section, and the standards for the issuance of a Certificate of
36 Appropriateness as set forth in the Land Development Code. The Historic Preservation Board
37 shall also determine the proposed proiect's compatibility with the guidelines in the specific
38 Historic Designation Report. The Historic Preservation Board recommendations shall be
39 submitted to the ERPB for consideration. The ERPB shall give eensideratien consider the
40 findings of the Historic Preservation Board as part of its review for the purpose of
41 deteimiiiing rendering a recommendation as to the consistency of the Historic Preservation
42 Board's findings with the requirements set forth in this section.
43 (12) Development Standards. The development standards are based on percentage of
44 lot size consistent with the table provided below. The lot size that does not exactly match
45 table 2 shall be rounded up to the next highest lot size in order to determine the appropriate
46 lot size.
47 8
1 20-3.6 - Supplemental regulations.
2 ***
3 (0) RO Restrictions.
4 (1) In addition to all other requirements, a continuous visual buffer shall be provided
5 whenever an RO use abuts or faces directly Y (within fi fty (50) feet) a property zoned
for single-family residential purposes. To accomplish this, the normally required
7 perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in
8 width and trees from Table 20-3.6(0)(5) shall be planted according to the spacing
9 listed. These trees shall be a minimum of ten (10) to twelve (12) feet tall
10 immediately after planting.
11 (2) No structure shall be constructed or altered to produce a store front, display
12 window, or any other feature that would detract from residential character except
13 that, in areas where RO zoned property abuts the MetroRail right-of-way, the
14 Environmental Review and Preservation Board shall make a recommendation #
15
16 to whether strict compliance shall be necessary on that side abutting the MetroRail
17 right-of-way, providing that all other sides are residential in character.
18 (3) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain
19 link, wood, or other like material that will be compatible with the main structure,
20 five (5) feet in height shall be erected along all interior property lines, including the
21 rear property line; provided, however, that in the event that the rear property line
22 abuts a secondary road, said wall shall be set in ten (10) feet from the official right-
23 of -way of the secondary road, and said ten (10) feet shall be landscaped; provided,
24 further, in the event that the interior side property line abuts the same or more liberal
25 zoning district, the requirement for the wall along said common interior property
26 line shall not apply. Walls within or extending into the required twenty -five-foot
27 front setback area shall be no more than four (4) feet in height. Further, individual
28 buildings shall not be connected by fences, walls, breezeways or any other
29 structures which make the building appear to have a single facade more than eighty
30 (80) feet in width, provided -that if buildings may be connected by a breezeway at
31 the first level only of no more than eight (8) feet in width.
32 (4) No accessory buildings, or storage of supplies, heavy equipment, or large vehicles
33 shall be permitted anywhere on the lot. In addition, air conditioning equipment may
34 not be placed in the required front setback area.
35 (5) Table 20-3.6 (0)(5).
36 Tree Species * and Required Spacing for Continuous Visual Buffer
Required Spacing
Aralia (Polyscias balforiana) 3'
Beauty Leaf (Callophyllum antil lianum) 10,
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I Eenvironmental Reeview and Ppreservation Bboard which shall make a
2 recommendation to the City Commission for approval, approval with conditions or
3 denial. The requirement of approval review by the Eenvironmental Rreview and
4 Ppreservation Bboard shall not apply to replacement equipment if existing screening
5 is in place and found sufficient by the Planning Director.
7 ***
8 (W) Solar Requirements.
9 (1) Applicability. All new construction of single-family residences with living area
10 greater than one thousand one hundred (1,100) square feet, townhouses, and any
11 multi -story residential building where a section of roof can be reasonably allocated,
12 as determined by the Director of the Building Department or the Planning and
13 Zoning Department, to a separately metered dwelling unit (hereinafter referred to as
14 "qualifying multi -story residential building"), that apply for preliminary approval
15 review (or final review approval if no preliminary review approval was obtained) by
16 the Environmental Review and Preservation Board on or after September 18, 2017
17 shall design and construct the roof so as to withstand the weight of all product
18 approved roofing material with the weight of solar collectors and shall install at
19 least the minimum amount of solar collectors required in subsection (2) of this
20 section (W). This requirement shall also apply to existing residential buildings as
21 described above, if an alteration or addition is made that either increases the square
22 footage of the principal structure by seventy-five (75) percent or greater, or that
23 replaces seventy-five (75) percent or more of the existing sub -roof (any portion of
24 the sub -roof that is necessarily replaced due to damage from a natural disaster shall
25 not be included in the calculation of this percentage).
26 ***
27 Section 2. The City of South Miami Land Development Code, Chapter 20, Article
28 IV, Sections 20-4.3, 20-4.5, and 20-4.5.1 are hereby amended to read as follows:
29
30 20-4.3 - Sign regulations.
31
32 ***
33 (H) Permitted Sign Schedule.
34 (1) Signs shall be permitted in the various zoning districts in accordance with the
35 following schedule.
36 (2) Whenever a business is an existing non -conforming use; such an establishment shall
37 be permitted to erect signage as if the business were located where the use is
38 permitted.
39
40 (3) LANDSCAPE and PROJECTING SIGNS must be reviewed by the Environmental
41 Review and Preservation Board which shall make a recommendation to the City
42 Commission for approval, approval with conditions or denial. Required submittals
43 shall be per Section 20-4.3(J).
11
2 (4) ADDITIONAL SIGNS as described under Section 20-4.3(L) may be permitted
3 upon the approval of the City Commission after review by the Plamdag
4 DiFeeter-Environmental Review and Preservation Board.
5 (5) ALL SIGNS to be permanently erected, constructed, posted, painted, altered or
6 relocated on a designated historic structure or a "contributive" building must be
7 reviewed by the Historic Preservation Board prior to the issuance of a building
8 permit for such signage.
9 (I) [Zoning Districts]
10 (1) RS-Single Family Residential Districts.
Sign Type I
Conditions
One (1) ADDRESS IDENTIFICATION SIGN per premises permitted,
ADDRESS ID
not to exceed one (1) square foot in area. Direct illumination is
permitted.
BUILDING
One (1) BUILDING MARKER SIGN per premises permitted, not to
MARKER
exceed two (2) square feet in area.
One (1) CONSTRUCTION SIGN per lot, not to exceed four (4) square
CONSTRUCTION
feet in area nor six (6) feet in height to be erected only during the
progress of actual construction.
One (1) GARAGE SALE SIGN is permitted per single-family
residential dwelling unit, two-times only, for two weekends including
GARAGE SALE
Friday only, per each calendar year, not to exceed two (2) square feet in
area. Said sign may only be erected on the private property where the
garage sale is to be located from sunrise to sunset.
POLITICAL
One (1) POLITICAL OR CAMPAIGN SIGN may be permitted as
provided in Miami -Dade County Code of Ordinances.
REAL ESTATE
One (1) REAL ESTATE SIGN per lot, not to exceed two (2) square feet
in area with three "riders" permitted.
12 (5) All Other Zoning Districts.
Sign Type I Conditions
ADDRESS ID One (1) ADDRESS IDENTIFICATION SIGN per premises
permitted, not to exceed one (1) square foot in area.
One (1) AWNING SIGN per each awning is permitted, not to
exceed five (5) square feet in area for every ten (10) linear feet of
AWNING awning, on the vertical edge of an awning, where no individual
character may exceed six (6) inches in height; additionally, one (1)
company logo is permitted per separate awning, not to exceed 50%
12
of the vertical height of the awning structure.
BUILDING MARKER
One (1) BUILDING MARKER SIGN per premises permitted, not to
exceed two (2) square feet in area. Indirect illumination is permitted.
BEACON
Two (2) BEACONS per premises permitted, as part of the
architectural design of the principal structure.
CHANGEABLE
One (1) detached bulletin board, not to exceed ten (10) square feet
COPY
in area, is permitted in each yard area facing a street. Indirect
illumination is permitted.
One (1) CONSTRUCTION SIGN per project, not to exceed sixteen
(16) square feet in area nor eight (8) feet in height for sites of less
than five (5) acres in area to be erected only during the progress of
CONSTRUCTION
actual construction. For sites of five (5) acres or more in area, one
sign facing each public street, such signs shall not exceed thirty-two
(32) square feet in area nor eight (8) feet in height to be erected only
during the progress of actual construction. Indirect illumination is
permitted.
DIRECTIONAL
DIRECTIONAL SIGNS, not to exceed five (5) square feet in area
per sign nor four (4) feet in height. Direct illumination is permitted.
One (1) DIRECTORY SIGN is permitted per building. Directory
signs must be attached to a lobby, hallway, or arcade. A directory
sign must be located within ten (10) feet of the building's main
DIRECTORY
entrance. Lettering on directory signs may be of a removable style,
but no character may exceed one and one-half (1.5) inches in height.
The total area of any directory sign shall be no greater than six (6)
square feet in area. Indirect illumination is permitted.
One (1) DISPLAY PANEL permitted per establishment, not to
DISPLAY PANEL
exceed four (4) square feet in area. Indirect illumination is
permitted.
FLAT SIGNS with a total aggregate sign area, not to exceed twenty
(20) percent of the area of any building face; for the purposes of
FLAT
sign regulation, there shall be considered to be only four (4) facades
to any building; no single sign shall exceed two hundred (200)
SLIUM V 1CCL III MC4. IJUCGL 111L HUMIVV11 1S pCIIm LLCV.
One (1) HANGING SIGN per establishment, not to exceed three (3)
square feet in area each. Signs shall be uniform in size and design
HANGING within a single property, but may vary in lettering style and color,
provided that they are compatible and coordinated with other signs
for individual establishments in the same development. Indirect
illumination is permitted.
One low -profile landscape sign may be permitted per project when
LANDSCAPE approved by the City Commission Environmental Review an
P-Fesen"en Bee ; the landscape sign shall be a detached, low-
13
profile sign which is either of a single -face or double -face design;
the landscape sign shall not exceed four (4) feet in height from
grade, nor twenty (20) square feet in area; and the landscape sign
must be appropriately landscaped in a park -like manner, designed to
be compatible with adjacent architecture of the surrounding
premises. Direct illumination is permitted.
One (1) MARQUEE SIGN may be permitted, not to exceed ten (10)
MARQUEE
square feet in area per ten (10) linear feet of street frontage. Direct
illumination is permitted. Said sign shall replace permitted flat signs
on that building face where affixed.
One (1) MENU BOARD SIGN shall be permitted at each drive -
through to a licensed RESTAURANT, not to exceed thirty-five (35)
square feet in area nor seven and one-half (7.5) feet in height. A
FREE STANDING
menu board sign may exceed the maximum allowable square
MENU BOARD
footage by up to 10 square feet if the facade of the sign is not
significantly visible from a public street, or if visible, screening or
landscaping, that is acceptable to the Planning and Zoning Director.
shall stty's ERPB be provided up to the height of the sign. Direct
illumination is permitted. Sign may be detached.
One (I) MURAL SIGN is permitted per licensed premises where
text and logos are limited to 20% of a single facade; graphic,
MURAL
including texts and logos, are limited to 30% of this same single
facade area; scenic murals are not limited regarding area, but are
limited to same single facade as any graphic mural, text and logos
(if any are used).
One (1) NAME PLATE identification sign per licensed business
NAME PLATE
establishment and professional license holder, not to exceed one (1)
square foot in area per nameplate. Direct illumination is permitted.
POLITICAL
One (1) POLITICAL OR CAMPAIGN SIGN may be permitted as
provided in Miami -Dade County Code of Ordinances.
One (1) PORTABLE SIGN per restaurant which is licensed to serve
PORTABLE SIGN
patrons in outdoor dining areas on either public or private property.
FOR OUTDOOR
Said sign shall not exceed four (4) feet in height nor six (6) feet in
DINING
area, and may only be located within leased area of public sidewalks
or on private property. Sign must be removed every night at closing.
One (1) PROJECTING SIGN is permitted as a replacement for any
PROJECTING SIGN
Permitted FLAT SIGN; signage area must be same as FLAT SIGN,
when approved by the Planning and Zoning Director earn -' I
One (1) REAL ESTATE SIGN per lot, not to exceed six (6) square
REAL ESTATE
feet in area. For sites of five (5) acres or more in area, such signs
shall not exceed twenty-four (24) square feet in area.
14
One (1) MANSARD OR SHED ROOF SIGN may be permitted for
each business establishment which has a mansard roof. Said sign
ROOF (MANSARD)
may be up to thirty (30) percent of the mansard roof area, but must
be contained within the face of the mansard roof, parallel to the face
of the building, and may not extend beyond any edge of the roof.
Indirect illumination permitted. Direct illumination is permitted.
SEARCH LIGHTS
One (1) SET OF SEARCH LIGHTS permitted per licensed business j
for special events, not to be operated or remain lighted after 11 p.m.
One (1) PORTABLE SIGN per entrance/exit of a licensed
SIGNS FOR
commercial parking, lot, not to exceed a total of four signs. The sign
COMMERCIAL
shall not exceed three feet in height nor six square feet in area, and
PARKING LOTS
shall be located within private property. One (1) PORTABLE POLE
SIGN per site is permissible only during the hours of operation.
One (1) TEMPORARY sign may be permitted by special permit
j
issued by the Planning Division. Only one (1) sign is permitted per
calendar year for each licensed business establishment. Each sign
shall be permitted for no more than 30 days, except that this time
TEMPORARY
limit may be extended by the Planning Division twice, for 30 days j
each, where total duration, including all approved extensions, shall
not exceed 90 days. A temporary sign may be permitted up to 30
square feet in area. A temporary sign must be firmly affixed to the
front face of a building.
TOW AWAY ZONE
TOW -AWAY ZONE SIGNS are permitted per Florida Statutes.
INFORMATION SIGNS IN DISPLAY WINDOWS shall be
limited to ten (10) percent of the total glass area of each window in
which such signs are placed; this calculation does not include the
'
area of permanent painted or neon signs in windows; glass area shall
WINDOW, INFO.
be calculated as the area of the opening in the face of the building
which contains the window component; individual panes within a
mullioned window are calculated together as a single glass area for
signage purposes. Permanent signs shall not be permitted under this
category.
WINDOW, PERM.
PERMANENT PAINTED OR NEON SIGNS IN DISPLAY
WINDOWS, limited to ten (10) percent of the total glass area in
which they are located; this calculation does not include the area of
information signs in windows; glass area shall be calculated as the
area of the opening in the face of the building which contains the
window component; individual panes within a mullioned window
are calculated together as a single glass area for signage purposes.
Direct illumination permitted. Illuminated signage may only include
the name of the business establishment. Direct illumination is
permitted.
15
2 (L) Additional Signage. Other types of signs, not expressly permitted by regulations stated
3 in Section 20-4.3(I), may be approved reviewed by the
4 City Commission, which may approve the sign with or
5 without conditions when the following conditions are met:
6 (1) That the proposed sign is not prohibited by Section 20-4.3(E);
7 (2) That the proposed sign conforms to the Florida Building Code and other code
8 regulations, as applicable;
9 (3) That the proposed additional sign on the building does not occupy more than 30%
10 of the facade on which it is proposed to be installed or more than 20% of any
11 window area; and
12 (4) Detached signs may be permitted on any commercial property with the approval of
13 the City Commission after receiving a recommendation from the Environmental
14 Review and Preservation Board, including detached signs that exceed the permitted
15 location and height standards set forth in Section 20-4.3(I).
16 ***
17 20-4.5 - Landscaping and tree protection requirements for all zoning districts.
18
19 ***
20
21 1. Certificate of Compliance — Required Adjustment to Requirements Permitted.
22 (1) A Preparer's Certification of Landscape Compliance bearing the original letterhead
23 of the designing firm and licensing number shall be submitted to and approved by
24 the Planning Department, prior to issuance of any final Certificate of Occupancy,
25 Certificate of Use and Occupancy or Certificate of Completion. The Preparer's
26 Certification of Landscape Compliance shall contain a statement, signed and sealed
27 by the landscape architect or by person(s) authorized to prepare plans by Chapter
28 481, Florida Statutes, who prepared the approved plans, that the landscape and
29 irrigation plans have been implemented and that all requirements of Section 20-4.5
30 and Section 20-4.5.1 have been met. Any changes or substitutions to the approved
31 plan shall be approved by the original designing firm prior to the implementation of
32 said changes and substitutions. All changes or substitutions to the approved plan
33 shall be noted on all copies. Changes and substitutions of plant material shall be of
34 similar quality, quantity and size, as originally approved and shall be in compliance
35 with the intent and requirements of Section 20-4.5 and Section 20-4.5.1.
36 (2) For a new single-family, duplex residence on its own lot or applicable existing
37 development, the owner or owner's agent may certify in writing that landscape and
38 irrigation have been installed according to approved plan(s).
39 (3) The Planning Department shall have the right to inspect all projects for compliance
40 prior to issuance of a Certificate of Occupancy, a Certificate of Use and Occupancy,
41 or a Certificate of Completion.
16
1 (4) Owners are responsible to ensure that landscaping required to be planted pursuant
2 to Section 20-4.5 and Section 20.4.5.1, and all previous versions, now amended, is:
3 (1) installed in compliance with the landscape requirements; (2) maintained as to
4 present a healthy, vigorous, and neat appearance free from refuse and debris; and (3)
5 sufficiently fertilized and watered to maintain the plant material in a healthy
6 condition. If the roots of a Ficus tree are shown to be invading the septic system or
7 drain field of a neighboring property or disturbing a structure, including a sidewalk
8 or roadway, the roots shall be contained by an effective root barrier, or, if the barrier
9 fails to contain the roots, the tree shall be removed and all such remedial action shall
10 be at the expense of the owner of the property where the trunk of the tree is located.
11 (5) If any tree or plant dies which is being used to satisfy current landscape code
12 requirements, such tree or plant shall be replaced with the same landscape material
13 or an approved substitute within sixty (60) days of a complaint.
14 (6) The Planning Division shall withhold approval of a final landscape inspection
15 prior to issuance of the final Certificate of Occupancy, Certificate of Use and
16 Occupancy, or Certificate of Completion until a Preparer's Certification of
17 Landscape Compliance has been approved by the Division.
18 (7) The Environmental Review & Preservation Board JEERPB�E may recommend to
19 the City Commission adjustment to the requirements of Sections 20-4.5(F) and (E),
20 and Section 20-4.5.1(Q); under the following procedures:
21 (a) The ERPB on receipt of application for adjustment of landscaping
22 requirements shall have the authority and duty to review and make a
23 recommendation as to eensider- and -aet upen such application. The application
24 shall be filed by the owner or tenant of the property concerned, or by authorized
25 agents as evidenced by written power of attorney, on forms prescribed by the
26 Planning Department and accompanied by the ERPB application fee.
27 (b) In the application, the applicant shall state clearly and in detail what
28 adjustment of landscaping requirements are being requested and the reasons
29 such adjustments are warranted, and shall accompany the application with
30 supplementary data, such as sketches, surveys and statistical information to
31 substantiate the adjustment.
32 (c) The ERPB may -shall review and make a recommendation, to the City
33 Commision, to approve, modify or deny the requested adjustment, `• — n
34 approve or -a verify s eh request only if it detemines that approval ef any
35 adjustment we..,a net be entrar to based on public interest and whether it
36 would be in keeping with and would preserve the intent of Section 20-4.5, and
37 Section 20-4.5.1
38 (d) Procedures regarding Board actions and appeals from the decisions of the
39&R.P.a: ERP13 shall follow the regulations set forth in Section 20-6.2.
40
41 Sec. 204.5.1 - Tree protection.
42 A. Tree Permit Applications, Requirements and Review, Fees. Except as provided
43 herein, no tree may be removed relocated, trimmed or pruned without a permit and
17
I mitigation as provided for in this Ssection which may be issued er denied
2 notwithstanding any reearafnendatien to the City Manager fiBr- appreval by the
3 EmcifeameRtal Review and PfeseEvation Be . Only the City Commission may
4 approve the removal, relocation or replacement of a -heritage or champion trees. A
5 tree in a landscape plan, planted to provide temporary shade until adjacent trees reach
6 maturity may be designated as a "temporary shade tree", and which may be trimmed
7 back or removed at such time as the surrounding trees require additional access to
8 sunlight.
9 ***
10
11 Section 3. The City of South Miami Land Development Code, Chapter 20, Article V,
12 Sections 20-5.11, 20-5.12, 20-5.13, and 20-5.23 are hereby amended to read as follows:
13
14 20-5.11- Site plan review approvals.
15 (A) Applicability. Site plans shall not require a public hearing but shall be
16 submitted to the Eenvironmental Reeview and preservation Bboard for review and aggreval
17 recommendation to the Planning Director, who shall upon approval transmit it to the City
18 Commission for final disposition The City Commission may approve the site planapprove
19 it with conditions or eject the site planThe site plan must be approved by the City
20 Commissional - and _- alien be-
te21 prior to the issuance of a permit for:
22 (1) Any new building or other structure which is visible from any public or private
23 street; and
24 (2) Any material alterations to an existing building or other structure which is
25 visible from any public or private street.
26 (B) Standards and Guidelines. The Eenvironmental Reeview and preservation
27 Bboard shall review the following aspects of all site plans:
28 (1) Scale, color, texture and appropriateness of all proposed buildings and other
29 structures;
30 (2) Quantity, quality and arrangement of all proposed landscaping and open space
31 features;
32 (3) Overall compatibility of the proposed development with the existing and
33 desired character of the property and neighborhood in which located; and
34 (4) The installation of sidewalks along all arterial roadways and compliance with
35 the Ceity's sidewalk policies and requirements.
36 (C) Review and Apprevalreommendation.
37 (1) The Eenvironmental Rreview and preservation Bboard shall review the
38 proposed site plan at its first regularly scheduled meeting following proper filing of such
39 material.
40 (2) All approved site plans shall bear an official Ceity stamp and the signature of
41 the Planning Director
42 appreved.
43 (3) If the Eenvironmental Reeview and preservation Bboard makes a
44 recommendation for the a site plan is aen:ed-denial or modifications afe reeemmended, the
45 board shall, .C..es&i.1e „ I .. . F. dings include in its recommendation as to the
E
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46
reasons for such denial or modifications, and recommend appropriate changes to the
applicant.
(D) Review Exceptions. Notwithstanding any other regulations of this Code, the
Eenvironmental Rx-eview and 1Dreservation Bboard shall not review any additions or
alterations to single family residential dwellings, except for the installation of sidewalks
along all arterial roadways and compliance with the Ceity's sidewalk policies and
requirements.
(D) (€) General Application Requirements.
(1) Plans and supporting data as specified in this section shall be submitted with
each application.
(2) Preliminary plans may be submitted for Eenvironmental Rmview and
Ppreservation Bboard review prior to final plan submittal.
(3) Final plans must be submitted prior to a desisian recommendation of the
Eenvironmental Rreview and Ppreservation Bboard.
(4) Required information shall include the title of the project, name of developer,
name of planner, architect, engineer, north arrow, date, scale and legal description of the
property.
(5) The architectural plans for construction of new buildings must be signed and
sealed by a Florida registered architect.
(E) R Existing Site Characteristics. Information shall be shown reflecting the
following existing features of the subject property:
(1) Property survey by registered surveyor;
(2) Rights -of -way and easements;
(3) Structures and uses;
(4) Photographs of surrounding properties; and
(5) Zoning districts.
(F) (G) Existing Tree Survey.
(1) Except for applications involving single-family dwellings, a tree survey shall be
submitted with each site plan approval application.
(2) The survey shall give the location, size and specie of all existing trees with
more than a three (3) inch DBH caliper trunk size and shall be signed and sealed by a
registered surveyor.
(H) Proposed Site Plan. The following information, indicating the proposed
character of the developed property, shall be submitted.
(1) Name, address and phone of owner and designer;
(2) Property lines;
(3) Rights -of -way and easements;
(4) Structures and uses;
(5) Parking spaces, accessways, driveways, sidewalks, wheel stops and curbs;
(6) Curb cuts and median openings;
(7) Lighting and irrigation systems;
(8) Fences and walls;
(9) Storm sewers; and
(10) Dumpster locations.
(H) (4) Proposed Landscape Plan. The following landscaping information shall be
submitted:
19
1 (1) Proposed trees, shrubs, grass and other vegetation including their location,
2 height, shape, size and type by both common and botanical classifications.
3 (2) Proposed berms, water courses and topographic features, including their
4 location, height, size and shape.
5 (J (3) Proposed Buildings and Structures. All proposed structures, fences and walls
6 shall be shown in elevation drawing reflecting their location, size, color, height and
7 construction material.
8 Q) (K) Tabular Summary. A tabular summary, as required by the Planning and
9 Zoning Department building and zening depaftme , shall be submitted.
10 I(_C) (L) Expiration. Final approval by ERPB the Planning and Zoning Director
11 shall lapse after six (6) months if no permit which effectuates development of the pro'Lct is
12 applied for.
13
14 20-5.12 - Planned unit development approvals.
15 (A) Review Procedures. Upon receipt of a complete application for the approval of a
16 planned unit development, the building Planning and Zoning Ddepartment shall review
17 the application and submit its findings and recommendations to the Eenvironmental
18 Rreview and Ppreservation Bboard within thirty (30) calendar days from receipt of the
19 application. All procedures and requirements specified below shall apply to applications
20 for planned unit developments.
21 (B) Environmental Review and Preservation Board Review.
22 (1) The board shall, within thirty (30) calendar days following receipt of the complete
23
application and staff recommendations, formally meet and consider the preliminary
24
development concept plan for the proposed planned unit development.
25
(2)
Prior to such meeting, the board may meet with the applicant to review the request
26
at a special meeting.
27
(a) Three (3) working days' notice of such meeting shall be given by posting
28
notice at City Hall.
29
(b) The board, at the chairman's discretion, may consider questions from the
30
public.
31
(3)
Preliminary development concept plan review may occur only at a special or
32
regular board meeting, subject to three (3) working days' notice.
33
(4)
The Eenvironmental Rfeview and Preservation Bboard ("ERPB") shall make a
34
recommendation on the application at least seven (7) calendar days prior to the date
35
of the scheduled Planning Bboard public hearing. If the ERPB fails to timely
36
make a recommendation. the Planning and Zoning Director, and not the ERPB. shall
37
make a recommendation to the Planning Board.
38
(C) Planning Board Action.
39
(1)
Within forty-five (45) calendar days after receipt of an application, the Planning
40
Bboard shall hold a public hearing on the application.
41
(2)
Notice of such hearing shall comply with all requirements of state law and this
42
Code.
20
1 (3) Within fifteen (15) calendar days after such public hearing, the planning aboard
2 shall transmit its recommendations to the CeityCeommission.
3 (D) City Commission Action.
4 (1) Within ninety (90) calendar days of receipt of the recommendations of the
5 planning aboard, the Ceity Ceommission shall hold a public hearing on an
6 application for a planned unit development.
7 (2) Notice of such hearing shall comply with all requirements of state law.
8 (3) The Ceity Ceommission shall approve, deny or approve with conditions,
9 modifications, safeguards or stipulations appropriately and reasonably related to the
10 intent, purposes, standards and requirements of the planned unit development
11 regulations contained in Section 20-3.7 of this Code.
12 (E) Final Plans and Reports.
13 (1) Final plans shall be in accord with preliminary plans as approved by the Ceity
14 Ceommission.
15 (2) Minor changes may be permitted by the Ceity Mmanager, if such changes meet the
16 same physical design requirements as the approved final plans.
17 (F) Changes in Final Plans and Reports.
18 (1) Major Changes.
19 (a) Any proposed change which would have the effect of increasing densities or
20 redistributing square footage or altering the height or use of a development is a
21 major change.
22 (b) An applicant for a major change shall schedule a preliminary conference with
23 the building Planning and Zsoning Ddepartment. The department may accept
24 the application, recommend changes to the application or deny the application.
25 (c) Upon acceptance, the application shall be further considered at another
26 preliminary conference with members of the Eenvironmental Rreview and
27 preservation Bboard, a representative from the department and the applicant.
28 (d) The application shall then be completed and submitted to the Eenvironmental
29 Rreview and preservation Bboard for consideration. The Eenvironmental
30 Rreview and preservation Bboard shall submit recommendations for approval,
31 approval with conditions or denial to the planning aboard within seven (7)
32 calendar days of its review.
33 (e) The !!planning aboard shall receive a complete application and the
34 department shall post and publish public hearing notices. Public hearings shall
35 be held before both the planning aboard and Ceity Ceommission.
36 (f) If the application is approved by the Ceity Ceommission, it shall be submitted
37 to the Eenvironmental Rreview and preservation Bboard for final aesthetic
38 ap}xes al review and recommendations to the City Commission for final
39 approval.
21
I (G) Application Requirements. Applications for approval of a planned unit development
2 shall include:
3 (1) Required Documents. All plans, maps, designs, studies and reports which may
4 reasonably be required to make the determinations required by these regulations.
5 (2) Ownership Report. A report identifying all property ownership and beneficial
6 interest within the boundaries of the proposed planned unit development and giving
7 evidence of unified control of the entire area.
8 (a) The report shall state agreement of all owners or holders of beneficial interest
9 to proceed with the proposed development according to the terms of any final
10 special permit approving the planned unit development, including such
1 I modifications as may be set by the Ceity Ceommission; and
12 (b) The report shall conform in the process of development to the preliminary
13 development concept plan and to proposals for staging of development.
14 (3) Property Survey. A survey of the proposed development showing property lines
15
and ownerships; and existing features, including streets, alleys, easements, utility
16
lines, existing land use, general topography and physical features.
17
(4) Preliminary Concept Plan. A preliminary concept plan which shall include:
18
(a)
Names of proposed development, developer and planner.
19
(b)
Scale (1"=201, date, north arrow.
20
(c)
Location, height, floor area, residential density of existing structures, if any;
21
and location, orientation, height, floor area, residential or other density, and use
22
of proposed structures or portions of structures.
23
(d)
Conceptual site plan, floor plan and elevations of all buildings, uses and
24
improvements as intended to be located, constructed and used.
25
(e)
Points of egress and ingress for pedestrian, vehicular, transit and service
26
traffic, and circulation patterns within and around the proposed development.
27
(f)
Location, character and scale of parking and service facilities (area and
28
number of off-street parking spaces, character of mass transit related facilities,
29
location of principal service areas for major structures or complexes, etc.).
30
(g)
Relation of adjacent land uses and zoning districts to the proposed planned
31
unit development, including, where view protection is an objective, location of
32
principal public view points into or through the proposed planned unit
33
development.
34
(h)
Existing lots or blocks, if any, and general pattern of proposed lots or blocks,
35
if any.
36
(i)
Location of existing and proposed systems for pedestrian use or common
37
enjoyment (excluding automotive uses); scale of such systems; indication of
38
open space, open air and internal components.
39
(j)
Where determined necessary, a professional market analysis and an analysis of
40
the economic impact of the proposed development may also be required. 22
(k) Any additional information deemed necessary.
2 (5) Special Reports. Special surveys, approvals, preliminary approvals (as appropriate
3 to the particular case) or reports (such as a report for a Development of Regional
4 Impact) required by county, state or federal governments where a proposed planned
5 unit development is dependent upon such special surveys, approvals or preliminary
6 approvals or reports.
7 (6) Phasing Reports. Where a planned unit development is to be constructed in stages,
8 indications as to the nature of the planned unit development, uses, location and floor
9 areas, residential or other densities to be developed, and timing of beginning of
10 development of the first stage; and similar information on succeeding stages;
11 provided, that in lieu of an indication of specific timing, initiation of succeeding
12 stages may be made dependent upon completion of all or substantial portions of
13 earlier stages.
14 (7) Common Area Reports. Proposals concerning the establishment of areas, facilities
15 and improvements for the common use of the occupants or employees of or visitors
16 to the planned unit development shall give adequate assurances to the Ceity that
17 such areas, facilities and improvements will be continued, operated and maintained
18 without future expense to the taxpayers of the Ceity.
19 (8) Restrictive Covenants. Proposals concerning restrictive covenants, if any, to be
20 recorded with respect to property included in the planned unit development.
21 (9) Submittal Requirements. Materials submitted with an application for a major
22 change or a minor change to a previously approved planned unit development shall
23 include:
24 (a) Letter of intent containing statement of need and justification for changes.
25 (b) Copy of approved final plan and report.
26 (c) Copy of proposed final plan and report.
27 (I) Revocation of Planned Unit Developments Approval.
28 (1) Revocation Procedures and Standards.
29 (a) Revocation procedures: Planned unit development approvals may be revoked
30 by resolution of the Ceity Ceommission. Prior to passing a resolution revoking
31 a planned unit development approval, the Ceity Ceommission shall hold at least
32 one public hearing which shall be advertised in accordance with the
33 requirements of state law and in accordance with the advertising required by
34 Section 20-5.12(D)(2). Prior to holding a public hearing to revoke a planned
35 unit development approval, the Ceity Ceommission shall request a
36 recommendation from the Polanning Bboard which shall hold its own public
37 hearing on the subject prior to giving its recommendation. The Pblanning
38 Bboard's public hearing shall be advertised in accordance with the requirements
39 of state law and in accordance with the advertising required by Section 20-5.12
40 (C)(2). In addition, the owner(s) of record of the subject property shall be
41 notified by registered mail at least sixty (60) days prior to the Planning Bboard
42 is first hearing on the subject. If the Pplanning Bboard fails to hold a public
23
I hearing or fails to give a recommendation within one hundred twenty (120)
2 days of being requested by the Ceity Ceommission to do so, then the Ceity
3 Ceommission may proceed to advertise and hold its own public hearing and to
4 take action without the pplanning Bboard's recommendation, provided that the
5 owner(s) of record of the subject property have been notified by registered mail
6 at least once and at least sixty (60) days prior to the Ceity Ceommission 's first
7 public hearing.
8 (b) Revocation standards: In considering a planned unit development revocation,
9 the planning Bboard and the Ceity Ceommission shall evaluate all relevant
10 information which may come to their attention. A planned unit development
I approval which meets all requirements for approval under existing
12 comprehensive plan and zoning designations applicable to the subject property
13 shall not be revoked. However, there shall be no vested interest in a planned
14 unit development approval per se and any planned unit development approval
15 that is inconsistent with existing comprehensive plan or zoning designations
16 may be revoked; indeed, such inconsistency may be deemed sufficient grounds
17 for revocation of any planned unit development approval. The phrase "any
18 planned unit development approval" in the preceding sentence shall include
19 approvals for projects which have been fully or partially constructed. In the
20 case of such projects, the revocation of the planned unit development approval
21 shall not in any way cancel any vested right which may apply to the already
22 completed buildings and structures themselves.
23
24 20-5.13 - Building permit approvals.
25 (A) General Provisions.
26 (1) No person shall erect, construct, reconstruct, excavate for a foundation, alter or
27 change the use of any structure or improvements of land except in conformity with
28 this Code and upon issuance of a building permit indicating what is to be allowed.
29 (2) No construction material and equipment shall be placed on any premises, lot or
30 proposed building site prior to building permit issuance.
31 (3) A building permit shall not be required for any construction, repair or work in
32 single-family residential districts, provided that:
33 (a) No inspection is required by the Ceity;
34 (b) No approval -review is required by the ERPB; and
35 (c) All other zoning requirements are followed.
36 ***
37
38 20-5.23 - Satellite antenna procedures.
39 (A) Satellite Earth Station Antennas. That plans of satellite earth station antennas
40 shall be submitted with each application for a building permit, which shall include a
41 site plan indicating the height, diameter, color, location, setbacks, foundation
42 details, landscaping and screening, and that such plans shall be subject to eppfevel
M11
I review by the ERPB and approval by the City Commission and that such antennas
2 shall be subject to the following standards:
3 (1) Location:
4 (a) In all RS, RT-6 and RT-9 Districts only ground -mounted antennas shall be
5 permitted and such antennas shall be located in the rear yard of that property or
6 in the interior side yard and not visible from the street.
7 (b) In all other districts, roof -mounted antennas shall be permitted, provided,
8 however, that such antennas shall be screened from ground view by a parapet or
9 some other type masonry wall or screening. The minimum height and design of
10 such parapet, wall or screening shall be subject to approval -review by the ERPB
11 and approval by the City Commission.
12 (c) Ground -mounted antennas shall also be permitted in the RM-18, RM-24 and
13 commercial districts subject to the applicable provisions of this section.
14 (2) Landscaping:
15 (a) Ground mounted antennas shall be screened by landscaping from view from
16 the street and adiacent property owners so that such antennas are not visible
17 between ground level and eleven (11) feet above ground level as shall be
18 apprev rcvicwed by the ERPB and approval by the City Commission.
19 (b) In order to reduce the height of the required plant material, berms may be
20 employed in conjunction with the landscaping plan. All plant material, size (at
21 installation), quantity and spacing shall be specified on the landscaping plan or
22 site plan.
23 (3) Diameter:
24 (a) The diameter of such antennas shall not exceed ten (10) feet in all RS, RT-6
25 and RT-9 Districts.
26 (b) The diameter of such antennas shall not exceed fifteen (15) feet in all other
27 districts.
28 (4) Height:
29 (a) Ground -mounted antennas shall be limited to a maximum height of eleven
30 (11) feet above grade in all RS, RT-6 and RT-9 Districts and a maximum of
31 fifteen (15) feet above grade in all other districts.
32 (b) Roof -mounted antennas shall be limited to a maximum height of five (5) feet
33 above the roof line or radius of the "dish bowl' in RS, RT-6 and RT-9 districts
34 with a maximum of fifteen (15) feet in all other districts.
35 (5) Setbacks:
36 (a) Ground -mounted satellite antennas in the most extended position shall
37 conform to the following minimum setbacks:
38 i. Rear and Side: In all RS, RT-6 and RT-9 Districts fifteen (15) feet and in
39 all other districts, rear and side setbacks shall be provided as are required
40 for the principal building on the building site. 25
I ii. Setbacks from Power Lines: Satellite antennas or any appurtenances
2 thereto, shall be located not less than eight (8) feet from any powerline
3 over two hundred fifty (250) volts.
4 (b) In no case shall such satellite antennas be located closer to the front or side
5 street of a lot or building site than the main or principal building.
6 (c) Where such a satellite antenna is located on a building site which is fronting
7 upon two or more streets, the antenna shall maintain the same setback as
8 required for the principal building along each such street.
9 (6) Impervious Coverage: The impervious coverage of such antennas shall be counted
10 in computing the impervious coverage for auxiliary and accessory use structures
11 located upon the building site.
12 (7) Color: Such satellite antennas and their appurtenances shall be non -reflective
13 black, green or the same color as the wall to which it is attached (if not freestanding)
14 and, to the extent possible, shall be compatible with the appearance and character of
15 the neighborhood.
16 (8) Number Permitted: Only one (1) satellite antenna shall be permitted for each
17 principal building. Roof top antennas of three (3) feet or under shall not be limited,
18 but they shall be screened from view with screening approval —reviewed by the
19 Eenvironmental Rr-eview and Ppreservation Bboard and approval by the City
20 Commission.
21 (9) Installation:
22 (a) The installation or modification of all satellite antennas shall be in accordance
23 with all applicable construction and safety codes and procedures and shall meet
24 the requirements of the Florida Building Code.
25 (b) Roof -mounted antennas shall be anchored to the roof and shall conform with
26 the requirements of the Florida Building Code.
27 (c) All antennas and appurtenances shall be so constructed and installed so as to
28 withstand the forces due to wind pressure as provided for under the Florida
29 Building Code, and all applications shall include signed and sealed drawings by
30 a professional engineer.
31 (10) Maintenance: Such satellite antennas, appurtenances, landscaping and screening
32 shall be kept and maintained in good condition.
33 (11) Existing Antennas: All antennas installed prior to February 5, 1991, will be
34 grandfathered in under the following conditions and must be brought into
35 compliance by May 5, 1991 (ninety (90) days):
36 (a) A certified statement by a professional engineer be provided that the existing
37 antenna is installed to the specifications of the Florida Building Code and not
38 an undue hazard to the community; and
39 (b) Appropriate screening shall be done as shall be approved by the Ceity.
40
26
I Section 4. The City of South Miami Land Development Code, Chapter 20, Article
2 VI, Sections 20-6.1(C) and 20-6.2 are hereby amended to read as follows:
3
4 20-6.1- Administrative entities.
5 ***
6 (C) Environmental Review and Preservation Board.
7
8 (1) Establishment and Membership.
9 (a) An Eenvironmental Rreview and Pereservation Bboard is hereby created
10 which shall consist of nine (9) members who reside or work in the City, except
11 as provided in
12 i. In accordance with the City Charter, Article II, Section 8, A, each City
13 Commissioner shall appoint one (1) person to serve as a representative on
14 the Board and all members of the Board in excess of five (5) shall be
15 appointed by three (3) affirmative votes of the City Commission based on
16 recommendations submitted by any City Commissioner.
17 ii. Board membership shall include at least one (1) registered landscape
18 architect licensed to practice in the State of Florida. If it is determined by
19 the City Commission that the position of landscape architect cannot be
20 filled by a qualified individual who resides or works in the City, the
21 residency requirement may be waived by the Commission and the position
22 of landscape architect may be filled by a qualified individual who does not
23 reside or work in the City.
24 iii Board membership shall include two (2), but no more than four (4),
25 architects licensed to practice in the State of Florida.
26 iv. Members of the Eenvironmental Rreview and IPpreservation Bboard may
27 not work for the City or be employed by any company that has contracts
28 with the City.
29 v. Members shall serve for a term of two (2) years.
30 (b) Any member of the board shall be automatically removed for missing five (5)
31 regular meetings in a row, or nine (9) meetings in a twelve-month period.
32 i. The Planning and Zoning Director shall keep an attendance record of board
33 meetings missed.
34 ii. The Planning and Zoning Director shall advise the City Commission and
35 the member being removed that such member has been automatically
36 removed.
37
38 ***
39 (3) Powers and Duties.
40 (a) The board shall have all such powers and duties as are granted by this Code.
27
(b) Whenever this Land Development Code reouires the review by the ERPB, it
2 shall mean that the board shall review and make recommendations to the City
3 Commission for approval, disapproval or modification on all site plans, projects
4 and specifications as required under the board's mandatory review pursuant to
5 this Code.
6 (c) The board shall review the scale, color, texture and appropriateness of all
7 proposed buildings, additions, and other structures; the quantity, quality and
8 arrangement of all proposed landscaping and open space features; and the
9 overall compatibility of the proposed development with the existing character
10 of the neighborhood and make a recommendation for approval, disapproval, or
11 approval with modifications to the City Commission.
12
(d)
The board shall have the power and the duty to hear and deeide make
13
recommendations to the City Commission on matters that have been delegated
14
to them for their reviews—eeifie ll ..-,.�and in accordance with the
15
terms of this Code.
16
(e)
The board shall conduct any other function which may be designated or
17
assigned by act of the City Commission.
18
(f)
Notwithstanding any other provisions of this Code, the Environmental Review
19
and Preservation Board shall not review any additions or alterations to single-
20
family dwellings, unless in the epinien a the Planning and Zoning Director
21
believes that it would significantly affect the character of the residence.
22
(g)
Notwithstanding any other provisions of this Code, the Environmental Review
23
and Preservation Board (ERPB) shall review all new construction, painting,
24
remodeling, landscaping and signage projects to be performed by this municipal
25
government (the City), prior to any permits being issued or any work being
26
performed and make recommendations to the City Commission.
27
(h)
All recommendations for denial of an application shall be in writing and shall
28
state the reason for the recommendation and cite the provisions of the Land
29
Development Code that give them authority to make the recommendation and
30
that supports their recommendation.
31
(4) Procedures.
32
(a)
Quorum and voting.
33
i. A quorum shall be five three (53) members.
34
ii. An affirmative vote of a majority of the members present shall be required
35
to pass upon any matter on which the board is required to act under this
36
Code.
37
(b)
The board shall keep a permanent record of all proceedings before it.
38
(c)
Meetings of the board shall be public meetings, and notification of such
39
meetings shall be given in accordance with the applicable provisions of the
40
Land Development Code previsions. If any seh —meeting, that is
41
scheduled to review applications, is not held (whether for lack of quorum or
42
otherwise), or if the ERPB fails to address an application that is pendingreview 28
by the ERPB, or fails to make a recommendation without deferring the review
2 of the application to the next regularly scheduled meeting, or if the ERPB
3 defers action on an application more than twice on its own motion, then all -such
4 applications scheduled for such meeting shall be heard and decided or referred
5 to the City Commission for final approval, as ner code- by the Planning and
6 Zoning Director er the Building, Zoning, and GeFafnt «:.. Deyelepme.bt
7 Department (or the Ddirector's designee) no later than the end of the next
8 business day after the scheduled meeting was to have been held. The deadline
9 for the Director's decision or referral may be extended, either prior to the
10 deadline. or after the deadline has passed, at the request of the applicant and
11 with the approval of the City Manager. The Ddirector's decision/referral, W fef
12 approval, shall be the final and shall constitute the recommendation of the
13 ERPB eenstit •«e anon e««-^••^'. The seven day time for filing an appeal from
14 the Director's decision/referral, or failure to timely render a decision or referral
15 peiied begins to run the day after the date when the Ddirector's decision or
16 referral was due to be rendered. If the time for the Director's decision or
17 referral has been extended, whether before or after the deadline for the
18 Director's decision or referral, the time for appeal shall be extended
19 accordingly.
61C
21 (d) All approved plans and specifications shall bear the official signature of the
22
23 d.Planning and Zoning Director.
24 (e) If the board makes a recommendation to the Planning and Zoning Director for
25 denial or modification for a set of plans is denied, e meaineet'^« is
26 reeAmmanded, the board shall, to the gfeatest extent possible, - make speeifie
27 findings as to describe the reasons for the recommendation of denial and or
28 modification, and recommend appropriate changes, if possible.
29 .
30 i. Any fnember of the aboard whe has a pe ial finaneial interest, aifee --
31 indireet,matter before the board shalt make that interest lanAv.41 and-
32
33 ii. Willful faikwe , to diss1...._ . urh finanei l inte-est shall eanstitate-
34 m"asanee ... effiee» and shall __«A _. y the City
35 Cernxtissiert . - l
36 20-6.2 - Appeals and Review.
37 (A) ER1213-Administrative Decisions; Time; Standing to Appeal. All decisions and
38 rAp,^^ FS An t:e« f the Enyirenme«tal Review and Wese.at:e« Board (ERPB) of
39 any Administrative Department or of any Board having authority to make a final
40 decision on an application ("Administrative Decisions") must be in writing. delivered
41 to the applicant and they are subject to review by appeal to the City Commission shall
42 be posted en the City Hall balletiH beaf:d immediately fellewing the ERPB fneeting.
43 An applieant may apply nb.. a building «e-,-,:t a fte- two (2) .orlon. days (exeluu n
44 Saturdays, Sundays and legal Miami Dade County holidays) fellewifig the day of the
29
I Enure mee.:«, at,. high the "««u""ti n was given final " al :call other
2 requirements f .. the «..Fmit have been fnet (1) An appeal of anRPB a final
3 Administrative Decision or lack of final action by a Board subsequent to the item
4 being scheduled for Board action er reeeffffnendatien may be taken to the City
5 Commission if a request for appellate review ("Notice of Appeal") is filed delivered
6 to ("served on") the City Clerk within thirty (30) days of €RPB receipt of the final
7 decision o_ h f _e " building peFmit is issued .. .bellyar ..ames firs.. All documents
8 are deemed filed upon delivery of the document to the City Clerk. The appeal shall
9 be filed with the City Clerk upon a form prescribed therefor by the City Clerk.
10 Appeals may be filed by any affected person, including but not limited to a person
11 living, working. or who owns any property or business, in the City or the "n giant, a
12 prepefty , business , Fir side«« of the City. the City "dmini"t_"tie
13 intereste eitizens in an abutting municipality or unincorporated area that is end
14 within five hundred (500) feet of the property under review. The person filing the
15 Notice of Appeal is the appellant and the opposingparty is the appellee.
16 (2) AOn appellate review, by the City Commission may reverse or affirm the
17 Administrative action deeisien of the ERPB in whole or in part, medify I .. 1
18 or remand the matter back to the 131PB Administrative Department with or without
19 guidanceinstruetieas.
20 (3) Record on Appeal: The evidence on appeal shall be limited to the documents
21 reeerd v4rieh ghRII that consists of the written decision of the Administrative
22 Department, a transcript of the proceedings, if any, and an3 the documents that
23 were presented to the Administrative Department and any documents taken into
24 consideration by that Administrative Department
25 ("record on appeal"). The City Clerk shall prepare the record on appeal after the
26 appellant delivers the peFtinent tFmseript. Unless waived in writing by all ef th
27 "..ties o y. appeal, «_t"«"_"«:"« r«� " "«"" «ene " ..yaile
P tthe � the if : hi
e :
28 pFerequisit tetheappeal. The City Commission may request a partial or full
29 transcript. If the City Commission requests a transcript, it must be file with the
30 Clerk and it will be a prerequisite to a final decision regarding the appeal unless
31 the City Commission subsequently withdraws this requirement. The4raasea
32 shall be delivered to the City, ri""v at least a,:.ty i30days prier ♦e the hearing e
33 the appeal. The failufe ef the appellant to timely deliver the transeript shall b
34
35 and an extension offifne is anted by the City rlva, for the preparation of the
36 trans ript, the date
e f ;r�the appeal a, review, well s-all ether �eeddiall
37 events, eh efbrie ¢shall be extended aeeerdingly etw th"t"«din
38
39 (4) Briefs: The appellant shall prepare a written statement of the issues and an
40 argument ("brief') which shall be filed with the City Clerk and delivered ("served
41 served on all opposing_parties by hand, facsimile transmission, e-mail or other
42 acceptable electronic transmission, at least twenty-six (2,&L6) days before the hearing
43 on the appeal . The opposing party ("appellee"), which may
44 include the City, may also prepare a brief, if desired, which shall be filed with the
45 City Clerk and served on the appellant at least six (6) days before the scheduled
46 appellate hearing. The appeal shall be limited to the issues raised in the briefs and
47 facts contained in the record on appeal.
30
1 (5) Appellate Costs: The recoverable appellate costs are limited to the filingfee, ethe
2 cost to prepare a transcript, if M. and the cost of copying the documents that make
3 up the record on appeal. The person whe files an appeal, appellant shall pay the
4 applicable appellate filing fee as set forth in the City's Fee Schedule and the cost
5 incurred by the City in making the record on appeal. The appellant (—Iieh teFffl shall
.. pefsen whe files an appeal and the City if the revieliv is inst._�__Aed-by
7 reseltition), shall pay the eest of tfaffseribing �he testimony and statements made
8 a@ythe- pei4inent ERPB meeting. The non -prevailing party shall pay the recoverable
9 appellate costs incurred by the prevailing party. A prevailing party is the party
10 peFsea, ineludi g the City, if deemed to be the ....evading paf4) who has prevailed on
11 the most significant appellate issues in the appeal, shell be reimbursed the appellate
12 eests inel„ding the eest e f the 4;anseript by the non prevailing pe,n or partes. If
13 there is more than one (1) non -prevailing party, the costs shall be shared paid equally
14 by all of bang them. The failure of a non -prevailing party to pay the
15 appellate costs shall be a violation of this Section.
16 (B) Stay of Proceedings, Certification. An appeal stays all proceedings in furtherance
17 of the action appealed from, unless the City Commission finds that there is competent
18 substantial evidence to support the finding of facts and conclusions in the certificate
19 of the officer, department director, City employee or board (hereinafter collectively
20 referred to as "Officer") from whom the appeal is taken, that a stay would, in the
21 Officer's opinion, cause imminent peril to life or property or that because the
22 violation charged is transitory in nature a stay would seriously interfere with
23 enforcement of the Code.
24 (C) Restraining Orders. If certification occurs in accordance with subsection (B)
25 above, proceedings may not be stayed except by a restraining order, which may be
26 granted by the City Commission or by a court of reeerd competent jurisdiction on
27 application, on notice to the Officer from whom the appeal is taken and on due cause
28 shown.
29 (D) Appeal Hearing. The City Commission shall hear and enter a decision on all
30 appeals within sixty (60) days of the date of filing said the Notice of Appeal and shall
31 provide due notice of the appeal -appellate decision to the parties.
32 (E) Commission Action. The City Commission may reverse, affirm or modify any
33 order, requirement, decision or determination appealed from and shall make any
34 order, requirement, decision or determination that, in the City Commission's opinion,
35 ought to be made in the circumstances.
36 (F) Modification Allowed. When practical difficulties or unnecessary hardships
37 would result from carrying out the strict letter of a Code provision, the City
38 Commission may, in passing upon appeals, vary or modify any regulation or
39 provision of the Code relating to the use, construction or alteration of buildings or
40 structures or the use of land, so that the spirit of the Code is observed, public safety
41 and welfare secured, and substantial justice done.
42 (G) Prior Denials. The City Commission shall not be required to hear an appeal or
43 application previously denied if it finds that there has been no substantial change in
44 conditions or circumstances bearing on the appeal or application.
45
46
31
I Section 5. The City of South Miami Land Development Code, Chapter 20, Article
2 VII, Sections 20-7.14, 20-7.15, 20-7.22, 20-7.24, 20-7.52 are hereby amended to read as
3 follows:
6 20-7.14 - Regulating plan —Special areas.
7 Because of the irregular geometry of a few lots caused by the intersection of US 1
8 with other streets in the Hometown District, and other lot -configuration
9 constraints, certain properties may not be required to meet all of the provisions in
10 the Basic Standards but may be subject to customized regulatory conditions
11 instead, at the discretion of the City Commission direeter
12 eeffmiuffity developmen . The customized regulatory conditions for each of the
13 special areas are as follows:
14
15 (A) Special Area #1: Maximum lot coverage and minimum open yard space
16 requirements are waived for properties in this area. Building frontage
17 requirements shall be observed for property lines facing both Red Road and US 1.
18 Design is subject to ERPB review and recommendation and City Commission
19 approval. (B) Special Area #2: Maximum lot coverage and minimum open yard
20 space requirements are waived for properties in this area. Buildings shall have
21 two (2) front sides, meeting storefront design requirements. Building frontage
22 requirements shall be observed for all frontages including US 1, SW 58th Avenue,
23 and SW 71st Street. Design is subject to ERPB review and recommendation and
24 City Commission approval. (C) Special Area #3: A gasoline/service station is a
25 permitted use in this area, subject to ERPB review and recommendation and City
26 Commission approval of the specific design. For any other use, building frontage
27 requirements shall be observed for property lines facing both US and SW 73rd
28 Street.
29
30 20-7.15 - Architectural standards —Intent.
31 The architectural standards are pre -approved and are intended to provide a degree of
32 predictability about the quality of building designs and to promote harmony
33 among buildings without requiring an appearance before and-appreval by a
34 review board for every project. Applicants with projects which conform to these
35 standards may obtain approval from the departmental staff without appearing
36 before ERPB. Appearance before ERPB remains an optional route. Every
37 permissible option is not described herein; other options may be approved by
38 ERPB the City Commission.
39
40 ***
41
42
43 20-7.22 Architectural standards - Roofs and gutters.
44 ***
45 (C) General Requirements. All runoff will be captured by gutters and routed with
46 enclosed downspouts to an approved drainage area.
47 Downspouts are to match gutters in material and finish.
32
2 Any machinery as defined in Section 20-3.6(Q) of the Code shall be screened from
3 view using either one of the screening systems pre ......roved by nn no and or pre-
4 approved by the Ceity Ceommission, or a system specifically approved by ERP13
5 of the City Commission for applicant's project.
7 Permitted Roof Types: hipped, gabled, shed, barrel vaulted and domed. Flat roofs are
8 permitted only where used as outdoor useable space.
10 20-7.24 - Architectural standards —Colors.
11 The Color Palette list, maintained in the department of building, zoning and
12 community development, identifies exterior paint/finish colors that are pre-
13 approved for buildings in the Hometown District. Other colors may also be
14 permissible with approval by ERPB City Commission. Departmental staff shall
15 maintain a color chip chart or display illustrating the range of pre -approved
16 colors. Sherwin-Williams standard paint nu rrbers are used on the Color Palette
17 list for reference, but any manufacturer's paint is acceptable if similar in color.
18 This list reflects the community's desires to encourage a range of colors for
19 visual variety, to encourage light colors for energy savings, and colors
20 appropriate for the subtropical environment.
21
22
23 20-7.52 - Procedure for special exception.
24 (A)Special exceptions under Ordinance No. 19-94-1569 [Sections 20-7.51, 20-7.52]
25 may be granted only after a minimum of two (2) public hearings. The first public
26 hearing shall be before the Pplanning Bboard, at which time the !!planning
27 Bboard shall review the project and provide to the Ceity Ceommission an
28 advisory recommendation regarding approval, approval with conditions, or
29 disapproval. The second public hearing shall be held before the Ceity
30 Ceommission and shall be held no sooner than seven (7) calendar days following
31 the Pplanning Bboard hearing. Public notice requirements, as specified in Section
32 20-5.5(C) and (G), Applications requiring public hearings, shall be followed.
33 (B)Requests for special exceptions under Ordinance No. 19-94-1569 [Sections 20-
34 7.51, 20-7.52] shall be in a form acceptable to the Ceity Mmanager and shall
35 include each exhibit required per Section 20-7.3(B), Application for Development
36 Permit, and per Section 20-7.4, Site Plan Requirements. In addition, the Ceity
37 Ceommission, at its discretion, may require additional exhibits and may defer
38 approval of the special exception application or schedule an additional public
39 hearing or hearings to review those exhibits.
40 (C) The Ceity Mmanager shall have authority to require additional review and
42 FRedi€teatien by the Eenvironmental Rfeview and preservation Bboard for
43 developments involving special exception, which review shall follow the
44 procedure set forth in Section 20-5.11 of this Code.
33
I (D)The Ceity Ceommission may grant a special exception upon four (4) affirmative
2 votes of its members.
4
5 Section 6. The City of South Miami Land Development Code, Chapter 20, Article
6 VIII, Sections 20-8.9 and 20-8.12 are hereby amended to read as follows
8 20-8.9- Special exceptions.
9 (A)A Special Exception as used in the T.O.D.D. shall mean a permitted use that
10 complies with all the conditions and standards for the district as well as those
I set forth below. For those existing uses in this district, any alterations or
12 additions to those buildings that result in the building being designated as a
13 Large=Scale Development, shall conform to the provisions of this ordinance.
14 Existing heights of existing buildings and existing floors may remain in their
15 current condition; however, additional floors, if authorized, may be added in
16 accordance with this ordinance.
19 (I) The granting of a special exception shall be conditioned on the Applicant
20 signing an agreement with the City, in a form acceptable to the City, which shall
21 include all e€ the conditions required for the granting of the special exception
22 ("Development Agreement"). The Development Agreement, after it has been
23 drafted by the City Attorney shall be subject to approval by the City
24 Commission. A separate agreement or covenant ("Covenant") that provides for
25 maintenance of common elements and any other condition specified as a
26 prerequisite to approval of the special exception ("Maintenance Covenants")
27 shall be signed by the owner of the property in question. The Maintenance
28 Covenant shall be treated as a covenant running with and binding the land upon
29 which the Development is situated and it shall be recorded in the land records of
30 Miami -Dade County and, at the option of the City and if allowed by law, the
31 Maintenance Covenant may be re -recorded when necessary or required to
32 maintain, uninterrupted, the effectiveness of the covenant running with the land.
33 The Covenant shall provide that the owner and his/her/its grantees, heirs,
34 successors and assigns ("Owner") shall comply with the Maintenance Covenants
35 at the Owner's expense and without any cost to the City.
36 (1) In the event that any special exception condition includes the development of
37 any common areas ("Common Areas"), the Maintenance Covenant shall include
38 the following provisions: (a) the Common Areas shall continue in existence, as
39 part of the structure and those Common Areas shall be operated and maintained
40 at the expense of the Owner of the property so long as the Development
41 continues to exist, in whole or in part; (b) the operation and maintenance of the
42 Common Areas shall include a provision for landscaping in accordance with an
43 approved site and development plan, approved by the City Commission and -the
44 EnvirewnenW Review and PteseFvatien Bear , or as amended from time to time
45 with approval of the City Commission, the maintenance of the landscape as well
46 as other maintenance services and private security protection of the Common
34
I Areas; (c) the Owner shall continue, operate and maintain the Common Areas in
2 such a manner as to keep such areas in good order, clean, attractive, fully
3 functional (subject to interruption for maintenance, repair, restoration and
4 renovation) and, generally, so as not to create a nuisance to owners, occupants
5 and users of the adjacent land and surrounding areas and to the general public.
6 ***
7 20-8.12 - Architectural standards —Intent.
8
The Architectural Standards are pre -approved and are intended to provide a
9
degree of predictability about the quality of building designs and to promote
10
harmony among buildings without requiring an appearance before and
11
by a review board for every one project. Applicants with projects which conform
12
to these standards may obtain approval from the Departmental staff without
13
appearing before ERPB. Appearance before ERPB remains an optional route.
14
Every permissible option is not described herein; other options may be approved
15
by E-RP13 City Commission.
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***
Section 7. The City of South Miami Land Development Code, Chapter 20, Article
IX, Section 20-9.5 are hereby amended to read as follows:
20-9.5 - Development review procedures.
(A)Applicants shall meet in pre -application conference with the Planning and Zoning
Division staff to discuss and analyze proposed applications in non -binding forum.
Staff may prescribe special conditions in order to assure the overall compatibility
of the proposes uses and physical structures with the neighboring uses and
physical structures.
(B) Applicants shall submit an application for development responding to the pre -
application conference findings in the form prescribed under the provisions of
Section 20-5, entitled Article V. Procedures and Applications, as contained in the
Land Development Code.
(C) Upon receipt of applications for development, the Planning and Zoning staff shall
review the application and assure that proposed uses and physical structures are
compliant with the purpose, intent and requirements of this article and applicable
Code requirements.
(D)Upon the staffs determination of compliance with the purpose, intent and
requirements of this article and applicable Code requirements by the Planning and
Zoning Division, the application shall be reviewed by the ERPB, as regulated by
Section 20-5.11 which shall make recommendations to the City Commission for
its review and approval.
(E) Applicants shall incorporate ERPB the City Commission's conditions, if any, and
apply for all required building, electrical, mechanical, plumbing and utility
permits, as regulated by Section 20-5.13.
35
I Section 8. The City of South Miami Land Development Code, Chapter 20, Article X,
2 Sections 20-10.4, 20-10.5, and 10.9 are hereby amended to read as follows:
3
4 20-10.4 - General requirements and minimum standards.
5 ***
6 (C) The City shall review the application and determine if the proposed use
7 complies with applicable Sections of this Ordinance and other regulations. Every
8 new telecommunication tower and antenna shall be subject to the following
9 minimum standards:
10 ***
11 4. ERPB Review. The Environmental Review and Preservation Board (ERPB)
12 shall review and recommend approval, disapproval or modification to the City
13 Commission on all site plans, projects and specifications relating to applications
14 for new telecommunication towers and antennas, and modifications to existing
15 towers and antennas. The ERPB's review shall include, but not be limited to,
16 those design criteria specifically enumerated by this ordinance and all other
17 applicable criteria, as outlined by the Land Development Code.
18 ***
19 9. Collocation. Pursuant to the intent of this Ordinance, collocation of
20 telecommunication antennas by more than one provider on existing
21 telecommunication towers shall take precedence over the construction of new
22 telecommunication towers. Accordingly, in addition to submitting the information
23 required by Section 20-10.4(C)(7), each applicant shall comply with the helsw
24 following erAeria-requirements:
25 a. Each application shall include a written report certified by a professional
26 engineer, stating:
27 i. the geographical service area requirements;
28 ii. whether there is any -mechanical or electrical incompatibility;
29 iii. whether there are any restrictions or limitations of the FCC that would preclude
30 the shared use of the telecommunication tower; and
31 iv. any additional information required by the City.
32 b. To encourage a reduction in the number of towers that may be required to site
33 antennas and in erdef to meet the City's increasing demand for wireless service,
34 all new towers shall
35 antennas as fiAllw.vs-
36 iAll not exceed 125 feet in height and all new towers over 80 feet and upp to Tn
37 feet in height shall be structurally designed to accommodate at least two
38 providers.
39 10. Incentive for Use of Existing Structures. Pursuant to the intent of this
40 Ordinance, the City shall provide the following incentives to service providers:
36
I a. The review of all applications submitted by providers seeking to collocate on a
2 pre-existing telecommunications tower or to rent space on a proposed new
3 telecommunications tower, shall be completed by the City no more than 30 days
4 following the filing of a completed application, provided that the application does
5 not require special use approval.
6 b. The review of all applications submitted by providers for the placement of
7 antennas on existing structures shall be completed by the City no more than 30
8 days following the filing of a completed application, provided that the application
9 does not require special use approval.
10 11. Aesthetics. Towers and antennas shall meet the following requirements:
I a. All applications for the installation of new towers, antennas or accessory
12 equipment buildings, or the modification of existing towers, antennas or accessory
13 equipment buildings shall be reviewed by the ERPB as provided in this Code.
14 b. Towers shall either maintain a galvanized steel finish or, if allowed by FAA
15 standards, shall be painted a neutral color to reduce visual obtrusiveness.
16 C. The design of accessory buildings and related structures shall use materials,
17 colors, textures, screening, and landscaping that will blend them into the natural
18 setting and surrounding buildings to minimize visual impact, as determined by the
19 €RPB City Commission. .
20 d. All telecommunications tower sites must comply with any landscaping
21 requirements of the City Land Development Code and all other applicable
22 aesthetic and safety requirements of the City, and the City may require
23 landscaping in excess of those requirements in order to enhance compatibility
24 with adjacent residential and non-residential land uses.
25 e. If an antenna is installed on a structure other than a tower, the antenna and
26 supporting electrical and mechanical equipment must be of a color that is neutral,
27 identical to, or compatible with the color of the supporting structure, as
28 determined by the EBB City Commission, to make the antenna and related
29 equipment as visually unobtrusive as possible.
30 f. No signals, artificial lights or illumination shall be permitted on any tower or
31 antenna unless required by the FAA. If lighting is required, the lighting
32 alternatives and design chosen must cause the least disturbance to the surrounding
33 views. To the maximum extent possible, lighting shall be oriented away from
34 residential districts.
35 ***
36
37
38
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40 20-10.5 - Uses requiring administrative approval.
41 (A) The following uses may be approved by the City Manager [or the Manager's designee]
42 after the ERPB, erne City Commission per Seetien 20 6=, has recommended approval:
43
9Y1
2 20-10.9 - Accessory equipment building.
3 Accessory equipment buildings used in conjunction with the operation and
4 maintenance of antennas shall be permitted subject to the following requirements:
6 (A) ERPB review is required pursuant to the procedure set forth in 20-5.11.
7 (B) Must conform to the applicable zoning district's dimensional standards.
8 (C) If the site is already occupied by a principal building, the provider shall attempt to
9 utilize the existing building for its antenna -related equipment. If the provider is unable
10 to use the existing building, it must provide a report to the City describing the reasons
11 which disallow it from using the existing building.
12 (D) Shall be designed, constructed, and installed in compliance with this Code, the
13 Florida Building Code, and all other applicable codes.
14
15 Section 9. The City of South Miami Code of Ordinances, Chapter 7, Section 7-3.1, is
16 hereby amended to read as follows:
17
18 Sec. 7-3.1. - Issuance of building permits involving use of sewer plants.
19 The issuance of building permits involving the use of sewer plants without prior
20 reeeRffnendatie review by the Eenvironmental Rreview and Preservation Bboard,
of t 21 recommendation he !!planning Bboard and approval of the Ceity eeunsil
22 Commission eetuteil is hereby prohibited.
23 Section 10. The City of South Miami Code of Ordinances, Chapter 8A Section 8A-1,
24 is hereby amended to read as follows:
25
26 Sec. 8A-1. - Conflict of interest and code of ethics ordinance.
27 (a) Designation. This section shall be designated and known as the "City of South
28 Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be
29 applicable to all Ceity personnel as defined below, and shall also constitute a
30 standard of ethical conduct and behavior for all autonomous personnel, quasi-
31 judicial personnel, advisory personnel and departmental personnel. The
32 provisions of this section shall be applied in a cumulative manner. By way of
33 example, and not as a limitation, subsections (c) and (d) may be applied to the
34 same contract or transaction.
35 (b) Definitions. For the purposes of this section the following definitions shall
36 apply:
37 (1) The term "commission members" shall refer to the mayor and the members of
38 the CeityCeommission.
39 (2) The term "autonomous personnel" shall refer to the members of autonomous
40 boards and the term "autonomous board" shall mean autonomous agencies,
41 boards, and authorities, such as the community redevelopment agency, the police
42 officers' retirement trust fund, the pension plan, and the health facilities
43 authority.
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(3) The term "quasi-judicial personnel" shall refer to the members of quasi-judicial
boards and the term "quasi-judicial board" shall mean any board that peffefms is
empowered with quasi-judicial functions; ineluding the eavirefff.ental ,.e'view
Section 11. The City of South Miami Code of Ordinances, Chapter 13, Article X,
Section 13-85 is hereby amended to read as follows:
Sec. 13-55. - Location and relocation of facilities.
(a) Unless specifically approved by the Ceity Mmanager, licensee's system
shall be installed underground. All aboveground facilities shall be constructed in a
manner as to minimize the visual impact of the facility. Licensee shall provide
landscaping sufficient to minimize visual impact, and as approved which shall be
reviewed by the Eenvironmental preteetien Rreview and Preservation Bboard
"E�). The ERPB shall make recommendations to the Planning and Zoning
Director. If the Director does not agree with the recommendation, the application
shall be presented to the City Commission for a final decision. ***
Section 12. Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended.
Section 13. 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 14. 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 15. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this day of , 2019.
ATTEST:
CITY CLERK
I" Reading
2"d Reading
APPROVED:
MAYOR
39
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8
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
I ORDINANCE NO.
4 An Ordinance amending the City of South Miami Land Development Code,
5 Chapter 20, Article VI, 20-6.2 to make revisions.
8 WHEREAS, the Mayor and the City Commission desires to amend Chapter 20,
9 Article VI, Section 20-6.2.;.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
13
17 Sectionl. The City of South Miami Land Development Code, Chapter 20, Article 20-
18 6.2 is hereby amended to read as follows
19 20-6.2 - Appeals and Review.
20 (A) €Administrative Decisions; Time; Standing to Appeal. All decisions e d
21 of
22 any Administrative Department or of any Board having authority to make a final
23 decision on an application ("Administrative Decisions") must be in writing, delivered
24 to the applicant and they are subject to review by ppeal to the City Commission sha-14
25 be pested en the City Hall bulletin beaf;d inffnediately fellewing the ERPB meeting.
26 An appheant may apply fer- a building peEmit after- twe (2) wer4ing days (e*e1ttdia
27 Satffdays,
28 , if all ethef:
29 An appeal of � a final
30 Administrative Decision or lack of final action by a Board subsequent to the item
31 being scheduled for Board action may be taken to the City
32 Commission if a request for appellate review ("Notice of Appeal") is €4ed delivered
33 to ("served on the City Clerk within thirty (30) days of £FPB receipt of the final
34 decision . All documents
35 are deemed filed upon delivery of the document to the City Clerk. The appeal shall
36 be filed with the City Clerk upon a form prescribed therefor by the City Clerk.
37 Appeals may be filed by any affected person, including but not limited to a person
38 living, working, or who owns any property or business, in the City orthe appheant,
39 ,
40 intemsted eitizens in an abutting municipality or unincorporated area that is and
41 within five hundred (500) feet of the property under review. The person filing the
42 Notice of Appeal is the appellant and the opposingg pgM is the appellee.
43 (2) &Qn appellate review., by the City Commission may reverse or affirm the
44 Administrative action deeisien ef the ER in whole or in part, me ,
45 or remand the matter back to the £043-Administrative Department with or without
46 guidanc .
47 (3) Record on Appeal: The evidence on appeal shall be limited to the documents
48 d that consists of the written decision of the Administrative
49 Department, a transcript of the proceedings, if any, ead an the documents that
50 were presented to the Administrative Department and any documents taken into 41
I consideration by that Administrative Department at the peftinent meeting
2 ("record on appeal"). The City Clerk shall prepare the record on appeal after- the
3 appellant delivers the peFfineat tFmseFipt. Unless wai. ed i-:R writing by all ef the
4 pwfies te the appeal, the preparation of the tmaserript, if effe is available, is
5 . The City Commission may request a partial or full
6 transcript. If the City Commission requests a transcript, it must be file with the
7 Clerk and it will be a prerequisite to a final decision regarding the appeal unless
8 the City Commission subsequently withdraws this requirement. transefipt
9 shaR be delivered te the City Clerk at least thirty (30) days pfieff. tA thp 1;
10 the appeal. The failum of the appellant te timely deliver- the tEmserript shall
11 , if geed eause is sheyf% fer- the delay
12
13 ,
14 ef events, sueh as seMee efbrriefs,
15
16 (4) Briefs: The appellant shall prepare a written statement of the issues and an
17 argument ("brief') which shall be filed with the City Clerk and deliveNd ("seFved!')
18 seFved on all opposing parties by hand, facsimile transmission, e-mail or other
19 acceptable electronic transmission, at least twenty-six (20-26J days before the hearing
20 on the appeal . The opposing party ("appellee"), which may
21 include the City, may also prepare a brief, if desired, which shall be filed with the
22 City Clerk and served on the appellant at least six (6) days before the scheduled
23 appellate hearing. The appeal shall be limited to the issues raised in the briefs and
24 facts contained in the record on appeal.
25 (5) Appellate Costs: The recoverable appellate costs are limited to the filing fee, the
26 cost to prepare a transcript, if any, and the cost of copying the documents that make
27 up the record on appeal. The , appellant shall pay the
28 applicable appellate filing fee as set forth in the City's Fee Schedule and the cost
29 incurred by the City in making the record on appeal.
30 inelude the per -son Whe files an appeal and the City if the review is instituted by
31 , shall pay the eest of tEmsefibing the testimeny and stMemeats ma
32 My the peffineat ERPB fneeting. The non -prevailing, party shall pay the recoverable
33 appellate costs incurred by the prevailing. party. A prevailing_ party is the party
34 , ineluding the City, if who has prevailed on
35 the most significant appellate issues in the appeal, shall be- Impi.m.11-61—iffised the appellate
36 . If
37 there is more than one (1) non -prevailing party, the costs shall be share paid equally
38 by all of 13 them. The failure of a non -prevailing p _arty to pay the
39 appellate costs shall be a violation of this Section.
40 (B) Stay of Proceedings, Certification. An appeal stays all proceedings in furtherance
41 of the action appealed from, unless the City Commission finds that there is competent
42 substantial evidence to support the finding of facts and conclusions in the certificate
43 of the officer, department director, City employee or board (hereinafter collectively
44 referred to as "Officer") from whom the appeal is taken, that a stay would, in the
45 Officer's opinion, cause imminent peril to life or property or that because the
46 violation charged is transitory in nature a stay would seriously interfere with
47 enforcement of the Code. 42
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(C) Restraining Orders. If certification occurs in accordance with subsection (B)
above, proceedings may not be stayed except by a restraining order, which may be
granted by the City Commission or by a court of r-eee Q competent jurisdiction on
application, on notice to the Officer from whom the appeal is taken and on due cause
shown.
(D) Appeal Hearing. The City Commission shall hear and enter a decision on all
appeals within sixty (60) days of the date of filing said the Notice of Appeal and shall
provide due notice of the appeal -appellate decision to the parties.
(E) Commission Action. The City Commission may reverse, affirm or modify any
order, requirement, decision or determination appealed from and shall make any
order, requirement, decision or determination that, in the City Commission's opinion,
ought to be made in the circumstances.
(F) Modification Allowed. When practical difficulties or unnecessary hardships
would result from carrying out the strict letter of a Code provision, the City
Commission may, in passing upon appeals, vary or modify any regulation or
provision of the Code relating to the use, construction or alteration of buildings or
structures or the use of land, so that the spirit of the Code is observed, public safety
and welfare secured, and substantial justice done.
(G) Prior Denials. The City Commission shall not be required to hear an appeal or
application previously denied if it finds that there has been no substantial change in
conditions or circumstances bearing on the appeal or application.
Section 2. Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended.
Section 3. 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 4. 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 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this day of 12019.
ATTEST:
CITY CLERK
1 St Reading
APPROVED:
MAYOR
43
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11
2" d Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
MIAMI DAILY BUSINESS REVIEW
Publis, Davy eer¢pt Saluadey Sunday and
Legal Holidays
Miami, Main Dade County, Florida
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 at the Miami Daily
Business Review rival Miami Review, a daily (except
Saturday, Suntley and Legal Holidays) newspaper.
published at Miami in Miami -Dade County. Florda; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - APR
16, 2019
in the XXXX Court.
was published in said newspaper in the issues of
04/052019
Aslant further says Nat 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 in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as secono Gass mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advenisement, and afftant further says that he or she
has neither paid nor promised any person, firm or corporation
arty discount, rebate, commission or refund for the purpose of
secunng this advertisement for publication in the said
GUILLERMO GARCIA personally known to me
rs',-;-'af.; BARBARA THOMAS
1 Commssion Y GG 121171
8+� Expires November 2, 2021
L? Banded Tlva Tloy Fan lmurznre 80a3ei7at9
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�COR%V
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tuesday, April 16, 2019, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
items:
A Resolution authorizing the City Manager to negotiate and enter
into a muhi-year Contract with Becker & Poliakoff, PA for Federal
Lobbying Services and related consulting services.
An Ordinance pursuant to a request to amend the Official Zoning
Map, amending the zoning designation of the property located at
7800 SW 57 Avenue, and as legally described herein, from 'RS-3'
Residential and'RO' Residential to'LO' Low -Intensity Office.
An Ordinance amending the City of South Miami's Land Development
Code, Section 204.4 Offsbeet parking requirements; Section 20-7.6
Par"; and Section 20-7.12 Permitted and special uses and packing
requirements.
An Ordinance amending the City of South Miami Land Development
Code, Chapter 20, Article III, Sections 2G3.4, 203.5 and 20-3.6:
Article IV, Sections 204.3, 20.4.5, and 204.5.1; Article V. Sections
20-5.11, 205.12. 20-5.13, and 20-5.23; Article VI, 20-62.; Article
MI. Sections 20- 7.14, 20-7.15. 20-7.22, 20-7.24, 2D-7.52; Article
VIII, Sections 20-8.9 and 20.8.12; Article IX, Section 20-9.5; Article X,
Sections Section 20-10.4, 20-10.5 and 20.10.9; Article XI, Section
20-11.9; and to amend the City's Code of Ordinances, Chapter 7,
Section 7-3.1; Chapter 8A, Section 8A-1: Chapter 13 Article X.
Section 13-85 to amend the powers of the Environmental Review
and Preservation Board and to make other revisions.
45
G\� 0 5()()th T� 10 )111
An Ordinance amending Chapter 2, Article I Section 2-2.1K titled
'DECORUM' of the City of South Miami s Code of Ominm;es.
An Ordinance extending the moratorium on the execution of new
parking space fee agreements and the payment of fees pursuant
to such existing agreements by businesses in the commercially
zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further information. please contact the City Clerk's Office at:
305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record ipciudas the testimony and evidence
upon which the appeal is to be based.
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City Commission
meeting scheduled for Tuesday, April 16. 2019, beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following items:
A Resolution authorizing the City Manager to negotiate and enter into a multi-
yearcontract with Becker & Poliakofr, P.A. for Federal lobbying Services and
related consulting services.
An Ordinance pursuant to a request to amend the Official Zoning Map, amending
the zoning designation of the property located at 7800 SW 57 Avenue, and
as legally described herein. from'RS-3" Residential and "RO" Residential to
"LO" Low -intensity Office.
An Ordinance amending the City of South Miami's Land Development Code.
Section 20-4.4 Off sued parking requirements; Section 20-7.6 Parking; and
Section 20-7.12 Permitted and special uses and parking requirements.
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article Ill, Sections 20-3.4. 20-3.5 and 20-3.6; Article IV, Sections
2043, 20-4.5, and 20-4.5.1; Article V, Sections 20-5.11, 20-5.12, 20-5.I3, and
20-5'23; Article VI, 20-6.2.; Article VII, Sections 20-7.14, 20-7.15, 20-7.22.
20-7.24, 20-7.52; Article V11L Sections 20-8.9 and 20-8.12: Article fX, Section
20-95: Article X, Sections Section 20-10.4, 20-10.5 and 20-10.9; Article XI,
Section 20-11.9; and to amend the City's Code of Ordinances, Chapter 7,
Section 73.1; Chapter 8A, Section 8A-1; Chapter 13 Article X. Section 13-85
to amend the powers of the Environmental Review and Preservation Board and
to make other revisions.
An Ordinance amending Chapter 2. Article I Section 2-2.1(K) titled
"DECORUM" of the City of South Miami's Code of Ordinances.
An Ordinance extending the moratorium an the execution of new parking space
fee agreements and the payment of fees pursuant to such existing agreements by
businesses in the commercially zoned districts in the City.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Officeau 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person
decides to appeal any decision made by this Board Agency or Commission wide respcet
to any matter considered at its meeting or hearing, he or she will need a record of
the proceedings, and that for such purpose, affected person may need to ensure that a 47
verbatim record of the proceedings is made which record includes die testimony and
evidence upon which the appeal is to be based.