Ord No 27-21-2417ORDINANCE NO. 27-21-2417
An ordinance amending the City of South Miami Land Development Code Section
20-3.6(V) amending the provisions regarding sound emanating from within a
building.
WHEREAS, Section 20-3.6(V) of the South Miami Land Development Code (LDC)
regulates the commercial activity conducted outside of a building; and
WHEREAS, Section 20-3.6(V) prohibits owners of structures housing commercial
activity and operators of business on such property from allowing any sound emanating from
within the building from being plainly audible at or inside the property line of any property that is
a single-family dwelling, two-family dwelling or townhouse, other than random or unintentional
sounds; and
WHEREAS, the City finds the provision unduly restrictive and a burden for some business
owners; and
WHEREAS, after a public hearing on October 12, 2021, the Planning Board's motion to
deny the ordinance was unanimously approved; and
WHEREAS, the City Commission desires to amend the provisions regarding sound
emanating from within a building.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as
if fully set forth herein and as the legislative intent of this Ordinance.
Section 2.
follow
* * *
Land Development Code Section 20-3.6(V) is hereby amended to read as
(V) Commercial Activity Conducted Outside of a Building.
(1) No activity conducted on Commercial Property, with the exception of those uses and activities
listed in Sections (3), (4) and (5) below, is allowed to be conducted outside of a Fully Enclosed
Building. Outdoor business activity that is not listed in paragraphs (3), (4) and (5) below may be
allowed on a temporary basis if a proper permit is issued for such activity. The owner of any
structure that houses commercial activity and the operator of any business on such property are
prohibited from allowing any sound emanating from within the building from being plainly audible
100 feet from at or iaside the structure of the commercial property of any property that is a siagle
family d\velliag, tV/O family dV/elliag or tov.tRho\:lse, with the exception of random, unintentional
and intermittent sound created, or escaping from the structure, when people enter or leave the
structure.
* * *
Page 1 of 2
Ord . No. 27-21 -24 17
Section 3. Co rrections. Conforming language or technical scrivener-type correct ions
may be made by the City A ttorney for a ny co nform ing amendments to be incorporated into the
final ordinance for s ignature.
Sectio n 4. Codification . The provi s ion s of this ord in a nce are to become a nd be m ade
part of the C ity of So uth M iam i Code of O rd in ances as amended; the sect ions of thi s ordi nance
ma y be renumbered o r re -I ettered to accomp li s h s uch in tent ion; and the word "o rdin ance" m ay be
changed to "section" or othe r appropriate wo rd.
Section 5. Seve rability. If a ny section , c la u se, sentence , or phra se of t hi s o rdin a n ce is
for a ny rea so n he ld invalid o r unconstitutional by a co urt of competent jurisdiction , this ho ldin g
w ill not affect the va li dity of the remaining portions of thi s o rdina nce.
Section 6 . Ordinances in Conflict. All ordinances or parts of ordinances and a ll
secti o n s a nd part s of ordinances in direct conflict h e rewith are hereb y repea led .
Se ction 7. Effective Date. Thi s o rdi n a nc e is effective upon enac tm ent.
PASSED AND ENACTED THIS 16 1h day of Nove mb e r, 202 1.
ATTEST:
D ¥c~ C IT LE
I SI Read in g: 11 /2/2 1
2nd Reading: 1111 6/2 1
Page 2 o f 2
A PPROVED :
COMM ISS ION VOTE: 5 -0
Mayor Philip s: Yea
Com mi ss ione r Corey: Yea
Co mmi ssio ner G il: Yea
Co mmi ss ioner Harris: Yea
Com mi ss ioner Liebman: Yea
City Comn!.ission Agenda Item Report
Meeting Date: November 16,2021
Submitted by: Jane Tompkins
Submitting Dep~rtment: Planning & Zoning Department
Item Type: Ordi~ance
I
Agenda Section:
Subject:
Agenda Item No:9.
An ordinance amending the City of South Miami Land Development Code Section 20-3.6(V) amending the
provisions regarding sound emanating from within a building. 5/5 (Commissioner Liebman)
Suggested Action:
Approval
Attachments:
Cover Memo re 20-3.6(V) 2nd reading.docx
Final PB Regular Meeting Minutes -lO-12-2021.pdf
MH ad.pdf
MDBRAd.pdf
1
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Kamali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: November 16, 2021
SUBJECT:
An ordinance amending the City of South Miami Land Development Code Section 20-
3.6(V) amending the provisions regarding sound emanating from within a building.
REQUEST:
To amend the Land Development Code provision regarding sound emanating from within a
building.
BACKGROUND:
Land Development Code (LDC) Section 20-3.69(V) Commercial Activity Conducted Outside of a
Building was recently amended to prohibit a property owner or business operator from allowing
any "sound emanating from within the building from being plainly audible at or inside the
property line of any property that is a single-family dwelling, two-family dwelling or townhouse"
except for random, unintentional sounds (Ordinance No. 19-21-2409 adopted September 7,
2021). Prior to the adoption of this ordinance, the LDC simply prohibited noise emanating from
Personal Skills Instruction Studios and Physical Fitness Facilities from being audible at the
property line. Other types of businesses were not specifically subject to a noise provision.
ANALYSIS:
The proposed ordinance makes two changes to the code: (1) it moves the point at which noise
should not be audible from the property line to a point one hundred feet (100') from the property
line; and (2) it removes the references to residential properties. These changes would allow a bit
more leniency in terms of how far the sound can carry before it's a code violation, and they
extend the protection from unnecessary noise to occupants of all property types, not just
residential properties.
PLANNING BOARD RECOMMENDATION:
The Planning Board held a public hearing on the item on October 12, 2021. The Board expressed
concerns about the noise ordinance in general and the piecemeal approach to revising the
ordinance. A motion to recommend denial of the ordinance passed unanimously.
FIRST READING:
During the first reading on November 2, 2021, the Commission approved an amendment to
reduce the distance from 100 feet to 25 feet. The ordinance attached reflects this change.
2
Amendment re Sec. 20-3.6(V)
November 16, 2021
Page 20f2
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
• City Notice of Public Hearing
• Legal Ad
3
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes
Tuesday, October 12, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that aI/ lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to a/l persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foresee ably be address by the city commission or a city
board. There are some exceptions and exemptions. The fol/owing are not considered to be lobbyist: a
representative of a prinCipal at a quasi-judicial hearing, experts who present scientific or technic,al information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not-for-profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Bonich called the meeting to order at 6:59 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice-
Chairperson), Mr. Lee Jacobs, Mr. Subrata Basu, Mrs. Michelle Readon, and Ms. Guirla H. Dodard.
Board Members Absent: Mr. Orlando Borges.
City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
None at this Time
1
8
IV. Public Hearings:
1. PB-21-014
Applicant: The City of South Miami
An ordinance amending the City of South Miami Land Development Code Section 20-
3.6(V} amending the provisions regarding sound emanating from within a building.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Bonich read PB-21-014 into the record.
Ms. Tompkins presented the item to the Board.
Mr. Miller asked if South Miami's general sound ordinance was applicable only to certain types of
properties/certain areas of town. Mr. Pepe responded that it is only applicable to the commercial
properties that are making sound. It is not a sound ordinance per say, it's part of the Land
Development Code (LDC) and the sound ordinances are located in Chapter 15 of the City's Code
of Ordinances. Mr. Miller asked if the draft ordinance apply to residential properties, to which Mr.
Pepe stated no. Mr. Miller then asked if the ordinance would apply to the downtown business
district, to which Mr. Pepe stated yes. Mr. Miller then asked if this ordinance were to pass, would
every business in the downtown area constantly be in violation of the ordinance, to which Mr.
Pepe responded that he could not answer the question. Mr. Miller stated that he lives near the
downtown area and can hear noise coming from the restaurants there. Mr. Miller then asked if
there were special regulations in the ordinance for restaurants, to which Mr. Pepe stated no. Last,
Mr. Miller stated that the City should be looking into revising the overall noise ordinance and not
just the provisions proposed in the draft ordinance.
Ms. Bonich asked about the number of times that Section 20-3.6(V} has been amended. Ms.
Tompkins responded that it was previously reviewed by the Board at their July 13, 2021 meeting.
She then provided the Board with the history on the review of the previous amendment. Ms.
Tompkins concluded by saying that the July amendment was the only amendment to the section
in recent times. Ms. Bonich then asked if the version of the amendment that was adopted a
product of the version that was reviewed by the Board in JUly. Mr. Pepe responded that he
couldn't confirm the dates, but the Board did review the amendment. MS. Bonich then asked if
that was the version that was being amended now, to which Mr. Pepe stated yes.
Mr. Miller asked why there was a change of heart on the amendment. Mr. Pepe stated that the
item was sponsored by a member of the commission but didn't know the reason as to why they
chose to request the change.
Ms. Bonich stated that the addition of the extra 100 feet is a good first step that helps the situation
of noise but may not be enough.
Ms. Dodard asked if the proposed amendment would help address the issue of hearing noise from
one restaurant while eating in another restaurant. Mr. Pepe stated that it could be it depends on
the distance of the other restaurant. Ms. Dodard then asked how the ordinance would be
enforced, to which Mr. Pepe stated that it would be enforced by either the City's Code
2
9
Enforcement department or the City's Police department. Last, Ms. Oodard asked how the City
measures the level of sound that a business makes. Mr. Pepe responded that the measurement
of sound is difficult. Someone can measure the decibel level for the sound but can't measure the
annoyance of the sound. Mr. Miller added that it can be subjective.
Ms. Bonich asked if the general noise ordinance would cover the noise coming from the
restaurants, to which Mr. Pepe stated that the ordinance could cover the music that is coming
from the restaurants. He then added that the noise from restaurants could also include noise
generated by individual conversations.
Mr. Miller stated that they should have the general noise ordinance in front of them while this
item was being reviewed. Mr. Bonich added that the general noise ordinance includes time limits,
to which Mr. Pepe stated that the Board could add similar language to the item before the Board.
Ms. Bonich then asked if it were possible to postpone this item for one month so that the Board
could see the City's sound ordinance and make informed recommendations based on that review.
Mr. Pepe asked Staff if the Board ever deferred an item in past, to which Ms. Tompkins began
searching the LOC for any regulations.
Mrs. Readon stated that she thinks that the ordinance wasn't created to address noise in the
downtown area. Instead, the ordinance was created to address the noise coming from businesses
that were directly adjacent to residential properties. Mr. Pepe responded that originally, the
ordinance was limited to the complainant being an owner of a single-family, two-family, or
townhouse dwelling. The complaint couldn't be made by someone from a multi-family dwelling.
By making the changes, the ordinance is made even broader and would allow for anyone to file a
complaint. Mr. Miller then stated that by increasing the distance to 100 feet, the proposed
ordinance liberalizes what the City Commission previously adopted. Mr. Miller then concluded by
saying that the ordinance will be changes to a point where no one will be able to comply with it
and without the sound ordinance before the Board, it would be difficult to ensure that the draft
legislation would work together with everything.
Mr. Jacobs stated that the City can enforce whatever is enacted. He then stated that the change
does not give any properties that are adjacent to the offender any out. The issue is only made
worse.
Mr. Basu stated that the problem needs to be dealt with in a specific way instead of making small
changes to the LOC. He then asked if the sound ordinance was adequate to address the noise
issues in the City, to which Mr. Pepe stated that he would need to have a Code Enforcement
officer present to answer that question.
Mr. Miller asked why the City would use the proposed ordinance to address noise complaints
instead of using the City's noise ordinance. Mr. Pepe responded that the proposed ordinance was
originally created to address noise from businesses that were affecting residential neighborhoods.
Ms. Bonich then asked if the regular noise ordinance would cover this issue, to which Mr. Pepe
responded that the regular noise ordinance is very specific and may not address all the issues.
Mr. Miller reiterated that the Board should look at both the sound ordinance and the proposed
regulations to make sure that they are cohesive and work together.
3
10
Ms. Bonich asked what would happen if the Board were to vote yes on this item. Mr. Pepe
responded that if the Board were to vote yes to approve the item, it would make the ordinance
less restrictive because the noise must be clearly audible from at least 100 feet away whereas it
had to be clearly audible at the property line. Also, it makes it more expensive because it now
applies to all properties.
The Board then held a discussion on how they should vote on the item. Mr. Pepe asked if Staff
was able to determine if the Board could defer an item. Ms. Tompkins responded that she could
not locate any language that specifically addressing deferral. She then added that the Board has
deferred zoning map amendment applications in the past but was not aware of any deferrals for
LDC text amendments. Mr. Miller then asked what would happen if the item dies for lack of a
motion, to which Ms. Tompkins stated that the item would still be presented to the City
Commission with no recommendation from the Board. Mr. Pepe then read Section 20-
6.1{B)(4)(a)(iii} of the LDC into the record which states the following:
Recommendations on all items before the Board shall be transmitted to the City
Commission within forty-five (45) calendar days of the time that the item first
appears on a regularly scheduled Board agenda. If the Board has not reached a
decision on the item during said forty-five (45) day period, or if the Board has
reviewed the application and is deadlocked, then the item shall be transmitted
forthwith to the City Commission with a "No Comment" recommendation.
The Board then continued their discussion on how they should vote on the item.
Mr. Jacobs stated that he would like to see an enforceable sound ordinance that includes
measurements and metrics that can be checked.
The Chairperson opened the floor to public comments on PB-21-014 •
• The Chairperson polled the Board members as to whether Commissioner Corey should be
permitted to speak. The Board then agreed as a whole to allow Commissioner Corey the time
to speak before them.
o Commissioner Brian Corey -Commissioner Corey thanked the Board for their invitation to
speak and stated that he agreed with all of the Board members assessments on the item
and that he hoped that it could be deferred so that it could be reworked but understood
the constraints posed by Staff.
The Chairperson closed the floor to public comments on PB-21-014.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Basu moved to deny PB-21-014. The motion was seconded by Mr. Jacobs.
The board then discussed the motion.
Vote: Yes 6. No 0 (None)
Mr. Miller: Yes
4
11
Ms. Bonich: Yes
Ms. Dodard: Yes
Mrs. Readon: Yes
Mr. Jacobs: Yes
Mr. Basu: Yes
The motion to deny PB-21-014 was unanimously approved by the Board.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
There was no business discussed.
The Chairperson closed the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of August 10, 2021:
Motion: Mr. Miller moved to approve the meeting minutes with changes. The motion was
seconded by Ms. Bonich.
Vote: Yes 4. No 0 (None)
Mr. Miller: Yes
Ms. Bonich: Abstained
Ms. Dodard: Yes
Mrs. Readon: Yes
Mr. Jacobs: Yes
Mr. Basu: Abstained
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: November 9, 2021
VIII. Adjournment
The meeting was adjourned at 7:59 P.M.
5
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REOUEST fOR PROPOSAlS
RfP NO: 21·1130100
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13
MIAMI DAILY BUSINESS REVIEW
P\bIished Daily eJI~1 Snll"l'CUy. S\.W'Idtly ~
Legal Holidays
M iami, t.llaml-Oade County, Flonda
STATE OF FLORIDA
C OUNTY OF MIAMI·DADE:
Befote the unders ig ned authority personalty Oppctllcd
~~~~~~MO GARC IA, who on oath says thai he Of she Is lhe
R ROF . OPE.RAll0NS. legal NaUces 01 Ih e Miami Daily
BusIness eView ffkJa Miaml Review 0 dall.. (
Saturday. S ," excep t unday and Legal HoUdeys) newspaper
published 81 Miami in Mia mi-Dade County , Florida , that th~
attached copy of advertisemenL be' of Notice In the matter of Lng a legal Advertisement
ClrYOF SOUTH MIAMI -PUBLIC HEARINGS -NOV 16 2021
In the XXXX Court.
was published in said newspaper in the issues 01
1110512021
Affianl further says thai the sa id MlamJ oa', B '
Re view Is a . 1'1 usmess
. newspaper published at M Iami, In said Miaml ·Oode
County , Florida and thaI the sa id newspaper has heretofore
been continuously publiShed in so ld Mlami·Oad C ' each d ( e ounty, Flonda
has ~y except Saturday, Sunday and legal HolidayS) and
n entered as second class ma il matter 01 the o~cc in Miami In said MIami -Dade County, Flonda , 101 a :,:
o ono year next preced ing th fi ' co _ e lIst pub lica tion 01 the allached
py of adve~ement: and affiant further says mat he or she
has neither paid nor promised any pelson firm 0 any disco n' ba ,r co rporation
U .. Ie te, comm ission 01 refund lor th
secunng th is advert isement lor e purpose 01 publicatIOn In the said
ne'HSpaper :if:!{~_*~
5i?N~
(5 L)
GUILLERMO GARCIA personalty known to me
!4!A~ii<~\ CHRISTINA LYllII RAVIX
i:( :.l CommIsslDII# GG 271771
~~;: ___ .eli ExpIres November 19, 2022
··,E~,!:-;.··' 8ondod ThN Troy Fai'r IilsutatIe:o eoo.3aS-7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need lor the City 01 South Miami to function and conduc t
vital business during the COVID ,9 pandemic and, at th e same time, to protect
the health. safety and wel fare of Its citize ns, officer.>, officialS and admlnlstrative
staffl and pursuant City of South Miami Code. Chapter 286.Q1 1. Aa. Stat,
the City's Home Rule Pow ers, and CIty Manager's declarat10n of a state 01
CIllOfgeotY due to lhe Coronavirus. the City will be holding its City Commission
Meeting five In chambers and VIRTUALLY through communications media
tect\OOk)gy tC Ml) until the state 01 emOlgency haS ended or social distancing
is no longer required by any relevant Executive Orders. All Commission
memberS will partfcipate in ChamberS or by vldoo conferenclng thro ugh
the Zoom platform and members of the public may loin ,he meeting via
Zoom at (1lttps:J1Z09..ID.usfft05§!i9&33..8) and parti cipat e. At a minimum. at
least ttvee members of the City Commission win be physlcally present in
the City CommisSion Chambers 1 and th ey will be broadcast on the Zoom
platform a.long with all other members of the Commission, City Staff and
the public who may attend remotely from the Commission Chambers and
from other locations.
The meeting is scheduled to begin on tu~. November 16 .2021_at 7:00 PEl
to conskler the following pub1!c hearing item{s):
A Resolution authorlzing the City /I.{anagef 10 enter into a roolt·year cootract
with Beefree. llG for On-Oemand Transportalion SeMce onto a PIggybaCk
agreement from the City 01 Aventura.
A Resolution of th e City CommiSSion of tho CHy of South Miami, FJorida ,
pursuant to Section 197 .3632 , of the AOOda statutes, provid ing tor a
Unifo rm Method of CollCC1lng NOA·Ad Valorem Assessments for Solid
Wasta Collectio n and Dispo sal. authorizing th e City Manager to enter
into an Interlocal Agreement with Mtaml·Dado County to plaCO the City's
proposed Non.Ad Valorem AssesSments lor Solid Waste CoUection aOO
DispOS8I on the Mlaml·Oade Cou nty Tax sm.
14
•
u+y ot SDui-h M iam i
An Ordinance amending the City of South Miom l land Oeyefopmenl Code,
Chapter 20, Section 20·S.SM. to provfde an exceptio n for outdoor
running programs.
An ordinance amending the City of South Miami Land Development Code
Sec tion 20·3 .6(V) amending the provision s regarding sound emanating
from within a build ing.
All Ordinance related to the fee schoduIo; amood'lIlQ Ordinance No, 15-21·2405
to revise descriptive language, 10 edit existing fees, and to add new fees
to the sd1edule.
If you desire to present evidence or you are unable to use Zoom. there are
procedures to follow and oilla' options available Inctuding a dedicated phone
line to listen and parUcipale in the meeting and limited public attendance,
aU of which is set forth in the mooting notice posted al City Han and at
I1t!p~southmiamifl.go.¥&.8J!'.fubllc.:bt~inru>..:~. Anyone who
wishes to l"B'Aew pendflg applic:atioo. supporting documentation or who desi'e
to have documents made available fOf viewing by everyone during the meeting
must contact the City CIeri( by calling 305-663-6340.
Note that pu rsuant to ROOda StaMas 286.0105. a perso n who decides to
appeal any decision made by a Board, Ageocy or Commlsslon with respect to
Bny matt or consldernd al its mooting Of hearing . a record of the proceedings
will be requlrad for said appeal and such person will be req uired 10 have a
verbatim transcri pl of the procoedings inclu ding Iho testmooy and evidonce
upon wh i ch the appeal is 10 be based.
1 The minimum standards for adopting a resolution Of onactfng an ordinance
are set forth In 166.04 1(4) •.• A majority of the mombors of the governing body
shal l constiMe a quonm. All affirmative vote of a majority of a quorum presen t
is necessary to enact any ordinance or adopt any resoJu1ioo .•••
IUJk To requeSt a modifICation to a po/'ICY. practice or procedure or to request
an auxiliary aide or service in order to participa te In a City program , activity
Of event, you must on or before 4:00 p.m. 3 business days befo re the meeting
(not counting the day of the mee ting) d eliver your request to Ihe City Clefic
by telephone: 305-663-6340, by ma ll al 6130 Sunset Drive, Sou th Miam i.
Aorida or eman at npayneOsouthmlamifl.gov.
Nkenga A. Payne, CMC . FCRM
Ci ty Clerk
11/5 21-8110000561328M
~L-
15