Ord No 17-23-2468ORDINANCE NO. 17-23-2468
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE 3 "ZONING
REGULATIONS", SECTION 20-3.6(V)(3)(A) OF THE LAND
DEVELOPMENT CODE, TO ALLOW COMMERCIAL
OUTDOOR RUNNING PROGRAMS TO OCCUR IN ANY
COMMERCIAL OR MIXED-USE DISTRICT IN THE CITY
RATHER THAN SOLELY IN THE COMMERCIAL CORE;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami (the "City") has adopted a Land Development Code
(the "LDC,,) to promote the health, safety, community acceptable standard of morals and general
welfare of the residents of the City of South Miami through the stated regulations of this LDC; and
WHEREAS, the City Commission finds it periodically necessary to amend the LDC in
order to update regulations and procedures to implement planning goals and objectives; and
WHEREAS, Section 20-3.6(V)(3)(A) of the LDC only permits outdoor running programs
within the commercial core; and
WHEREAS, on November 8, 2022, electors of the City of South Miami approved an
amendment to Article Il, Section 6.D.1 of the City's Charter, that eliminated the description of the
"commercial core," in the only place in the Charter, Code of Ordinances, and LDC that such
description existed; and
WHEREAS, the City Commission finds that running in the right-of-way is a normal
outdoor activity which customarily occurs throughout the City, and the LDC should be amended
to allow it a.~ an organized activity in commercial areas; and
WHEREAS, on August 8, 2023, the Planning Board, sitting in its capacity as the Local
Planning Agency, reviewed this Ordinance and recommended approval with amendments; and
Page 1 of 4
Ord. No, 17-23 -2468
WHEREAS, this O rdinance was duly noticed and presented to the C ity Comm ission in
two read ings , with second reading condu cted a s th e re quired publi c hearin g on September 19,
2023;and
WHEREAS, th e City Commi ss ion find s th at thi s Ordinance is in the best interest and
welfa re of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS :1
Section 1. Recitals. Th e above-stated re c ita ls are true and correct and are incorporated
herein by this reference .
Section 2. Amending Artic le III of the Code. Th at Section 20-3.6, "Supple ment al
regulation s" of A rtic le III of th e La nd Development Code is hereby amended to read as fo ll ows:
ARTICLE Ill -ZONING REGULATIONS
* * *
Section 20-3.6. -S upplemental regulations.
(V) C omme rcia l Activ ity Conduc ted Outside of a Building.
(3) Reco gn ized outside us es.
(a) The fo ll owing pennittecl an d licensed us es as may be limited by th e
pe rmitted use tab le in Section 20-3 .3(D) are recogni zed as comme rci a l
a c ti v iti es that, by th e nature of th e bus iness, are require d to be, or are m o re
e ffi ciently, c onducted outs ide of a building,;. However provided tha t, the
pl ac ement of re tail merchand ise outside of a bui ld in g by tl1 e li sted
businesses must ne11ertheless sha ll compl y w ith th e requ irements,
limita ti ons and co ndi t ion s concernin g displays of m e rc handise outside of
a bus in ess as set fo rth in thi s Sub sec tion (V)~. These uses may be limited
1 Coding: £trike lhreugh ·,,~m is ure d e le ti o ns to the existing wo rds. Unde rl ined words ure additions lo th e exisling
words. Moditications proposed by the Plan ning Board are shaded in grey. Changes b etween fi rst a nd secon d
reading are indicaled w ith tloobl e ah'ilwltt~ and ruu!bk...unde~~
Page 2 o f4
Ord. No, 17-23-2468
Section 3.
hy the peffBitteel use teele ia_Seetiea 2Q 3.3(0). All pFeperty 011,caefS aael
husmess O'NBeFs whose business aetivities is fit=st eeedueted iB the City
after Oetober 1, 2021, and all restaurants Be .ma"er whea their aetivity
begaa, must el:ltaia a aea transfet=al:,le aeR\lal permit fer the fall0 11fiBg
aeti:vit-y:
(i) Agricultural farming activities on public property;
(ii) Vehicle repair and detailing;
(iii) Vehicle sales;
(iv) Motor vehicle service stations;
{v) Bicycle rentals, sales, and service;
(vi) Commercial nurseries;
(vii) Outdoor dining/seating areas when part of a permitted and
licensed restaurant.
(viii) Commercial outdoor running programs ia lhe Gem1Bef8ial
All businesses shall obtain a non-transferable annual permit for any of
the above activities.
***
Corrections. Confonning language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4. 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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Page 3 of 4
Ord. No , 17-23 -2468
Section 6. Implementation. The C ity Manager is hereby authorized to take any and
all necessary action to implement th e purposes of this Ord in ance.
Section 7. Effective Date. Tbis Ord in ance shall become effective on January I , 2024.
PASSED on fast reading on the 5th day of September, 2023 .
PASSED AND ADOPTED on second read ing on the 19th day of September, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
' . .
C ITY ATTORNEY
APPROVED:
~
COMMISSION VOTE :
Mayor Fernandez:
V ice Mayor Bonich:
Com mi ss ioner Calle :
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Commi ssioner Corey: Yea
Page4 of4
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE 3 “ZONING REGULATIONS”, SECTION 20-3.6(V)(3)(A) OF THE LAND DEVELOPMENT
CODE, TO ALLOW COMMERCIAL OUTDOOR RUNNING PROGRAMS TO OCCUR IN ANY COMMERCIAL
OR MIXED-USE DISTRICT IN THE CITY RATHER THAN SOLELY IN THE COMMERCIAL CORE; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 4/5
(VICE MAYOR BONICH)
Suggested Action:
Attachments:
4766855-Memo_-_Ordinance_Re_Organized_Running_Programs (1).docx
Ordinance_Re_-_Outdoor_Running_Programs_SR.docx
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE: September 19, 2023 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE 3 “ZONING REGULATIONS”,
SECTION 20-3.6(V)(3)(A) OF THE LAND DEVELOPMENT CODE, TO ALLOW
COMMERCIAL OUTDOOR RUNNING PROGRAMS TO OCCUR IN ANY
COMMERCIAL OR MIXED-USE DISTRICT IN THE CITY RATHER THAN SOLELY IN
THE COMMERCIAL CORE (VICE MAYOR BONICH)
The accompanying Ordinance was prepared and placed on the agenda at the request of Vice
Mayor Bonich.
2
THE CITY OF PLEASANT LIVING
7
-
MIAMI-DADE
STATE OF FLORIDA
COUN TY OF MIAM I-DAD E:
Before the und ersi gned authority personally appea red
ROSANA SALGADO , who on oath says that he or she is the
LEGAL CLERK , Legal Noti ces of the Miam i Dai ly Bus iness
Review f/k/a Mi ami Rev ie w, of Mi ami-Dade County , Flori da ;
that the at1ached cop y of advertisement , being a Legal
Ad~ertisemenl ol Notice in the matter of
Cl1Y OF SOUT H MIAM I -CITY COMMISS ION -PUBLIC
HEARING -SEP T. 19 , 2023
in the XXXX Court,
was published in a newspaper by print in the issu es of Miami
Daily Bus iness Review fik/a Mia mi Re view on
09/08 /2023
Affiant furt her says th at the newspap er comp lies with all
lega l requirements for publication in chap ter 50 , Florida
$3/
Sworn to and subsc ribed before me thi s
B day of SEP TEMBER , A .D. 2023
~
c/EAL )
ROSANA SALGADO personally known to me
.. ··,~r.~~·-... BARBARA T~OMAS {f/::» ~.\ Commlsslon#HH 187442
~w:.-.J!!i),::, Exj>ires November 2, 2025
··?f.~f.!~~~:-·· Bonded Thru Troy fail lr11U1;nr.e 800-38~ 70\9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a pub/le hearing
on Tuesday, Se tember 19 2023 at 7:QQ_p .m. to consider the following
public hearing item(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, 'CAMPING
PROHIBITED; EXCEPTIONS,' OF CHAPTER 15, 'OFFENSES AND
MISCELLANEOUS PROV ISIO NS," OF THE CITY CODE OF ORDINANCES
TO PROH IBIT OVERNIGHT -CAMP ING ON PUBLIC PROPERTY AND PROVIDE
FOR ENFORCEMENT PROCEDURES AND PENALTIES; PROVIDING FOR
CORRECTIONS: SEVERABIUTY; CONFLICTS; IMPLEMENTATION; AN[
AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15D 'OFFENSES AND
MISCELLANEOUS PROVISIONS ", TO MODIFY REGULATIONS FOR THE
USE OF LEAF BLOWERS ; PROVIDING FOR CORRECTIONS: SEVERABIUTY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA , AMEND/NG ARTICLE 3 "ZONING
REGULATIONS ', SECTION 20-3.6M(3){A) OF THE LAND DEVELOPMENT
CODE, TO ALLOW COMMERCIAL OUTDOOR RUNNING PROGRAMS TO
OCCUR IN ANY COMMERCIAL OR MIXED-USE DISTRICT IN THE Cl1Y
RATHER THAN SOLELY IN TH E COMMERCIAL CORE; PROVIDING FOR
CORRECTIONS: SEVERABIUTY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COM MISSIO N OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II 'DEFINITIONS ,"
SECTION 20-2.3 'DEFINITIONS' AND ARTICLE 111 'ZONING REGULATIONS ,"
SEel'ION 20-3.5-olMENSKJNAL REQUIREMENTS,• SUBSECTIONS 2 0-3.5e
'DIMENSIONAL REQUIREMENTS -SINGLE FAM/l Y RESIDENTIAL DISTRICTS
-ONE STORY ,' 20-3.SF 'DIMENSIONAL REQUIREMENTS -ATTACHED
SING LE FAMILY ANO MULTIFAMILY RESIDENTIAL DISTRICTS ,' AND 20-3 .SH
'DIMENSIONAL REQUIREMENTS, SINGLE-FAMILY RESIDENTIAL
REQUIREMENTS -TWO STORY,' TABLE 2 OF THE LAND DEVELOPMENT
CODE, TO ADDRESS ·ARTIFICIAL TURF AND MODIFY REGULATIONS FOR
OPEN SPACE AND IMPERVIOUS AREA; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; fl.ND AN EFFECTIVE DATE.
8
..
The hearing will be held at c· Hall Commission Chambers 6130
• Sunset Drive, South Miami, Florida 33143. Commission members will
participate in Chambers or by video conferencing through the Zoom
platform and members of the public may join the meeting via Zoom at
(https://zoom.us/i/3056636338), by phone by calling +1-786-635-1003
and entering Meeting ID: 3056636338 when prompted, or in person in the
Commission Chambers, and where thefr appearance will be broadcast on
the Zoom platform, and where they can participate.
All interested parties are Invited to attend and will be heard.
For further inlorrnation, please contact the City Clerk's Office at: 305-663-6340.
Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public
ttiat if a person decides to appeal any decision made by the ·Commission
. with respect to this matter, such person must ensure that a verbatim record
of the proceeqings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise
inadmissible or in:elevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
·the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
9/8
Nkenga A. Payne, OMC, FCRM
City Clerk
23-67 /0000683057M ----~-----~-----
SUNDAY SEPTEMBER 10 2023 NEIGHBORS ...................................................................................................19SE
9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF SECOND/FINAL BUDGET HEARING
Notice is hereby given that the City Commission will hold a public hearing on
Tuesday. September 19, 2023, at 5:01 p.m. to consider the following public
hearing item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 THROUGH
SEPTEMBER 30, 2024 ("FISCAL YEAR 2023/2024"), WHICH AMOUNT
MAY BE AMENDED AT THE FIRST OR SECOND READING; AND
ADOPTING THE FINAL MILLAGE RATE ON SECOND READING;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE CITY
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023, AND
ENDING SEPTEMBER 30, 2024 (FISCAL YEAR 2023/2024), AND
WHICH BUDGET MAY BE AMENDED AT THE FIRST OR SECOND
READING OF THIS ORDINANCE; ADOPTING THE FINAL BUDGET ON
SECOND READING; PROVIDING FOR THE SALARIES AND EXPENSES
OF THE CITY COMMISSION AND OFFICERS, AS REQUIRED BY THE
CITY'S CHARTER; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; AND AN EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive,
South Miami, Florida 33143. Commission members will participate in Chambers
or by video conferencing through the Zoom platform and members of the public may
join the meeting via Zoom at (https://zoom.us/j/3056636338), by phone by calling
+1-786-635-1003 and entering Meeting ID : 3056636338 when prompted, or
in person in the Commission Chambers, and where their appearance will be
broadcast on the Zoom platform, and where they can participate.
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.
Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the Commission with respect to this matter, such person must
ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based . This notice does not constitute consent by
the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or
service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3
business days before the meeting (not counting the day of the meeting) deliver your request to the
City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami , Florida or email
at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on
Tuesday. September 19. 2023, at 7:00 p.m. to consider the following public hearing item(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, "CAMPING PROHIBITED ;
EXCEPTIONS ," OF CHAPTER 15 , "OFFENSES AND MISCELLANEOUS PROVISIONS ,"
OF THE CITY CODE OF ORDINANCES TO PROHIBIT OVERNIGHT CAMPING ON
PUBLIC PROPERTY AND PROVIDE FOR ENFORCEMENT PROCEDURES AND
PENALTIES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION ; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING CHAPTER 15D "OFFENSES AND MISCELLANEOUS
PROVISIONS", TO MODIFY REGULATIONS FOR THE USE OF LEAF BLOWERS;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE 3 "ZONING REGULATIONS", SECTION
20-3 .6(V)(3)(A) OF THE LAND DEVELOPMENT CODE, TO ALLOW COMMERCIAL
OUTDOOR RUNNING PROGRAMS TO OCCUR IN ANY COMMERCIAL OR MIXED-
USE DISTRICT IN THE CITY RATHER THAN SOLELY IN THE COMMERCIAL CORE ;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION ;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II "DEFINITIONS," SECTION 20-2 .3
"DEFINITIONS" AND ARTICLE Ill "ZONING REGULATIONS ," SECTION 20-3 .5
"DIMENSIONAL REQUIREMENTS," SUBSECTIONS 20-3 .5E "DIMENSIONAL
REQUIREMENTS -SINGLE FAMILY RESIDENTIAL DISTRICTS -ONE STORY ,"
20-3 .5F "DIMENSIONAL REQUIREMENTS -ATTACHED SINGLE FAMILY
AND MULTIFAMILY RESIDENTIAL DISTRICTS," AND 20-3 .5H "DIMENSIONAL
REQUIREMENTS, SINGLE-FAMILY RESIDENTIAL REQUIREMENTS -TWO STORY,"
TABLE 2 OF THE LAND DEVELOPMENT CODE, TO ADDRESS ARTIFICIAL TURF AND
MODIFY REGULATIONS FOR OPEN SPACE AND IMPERVIOUS AREA; PROVIDING
FOR CORRECTIONS ; SEVERABILITY ; CONFLICTS ; IMPLEMENTATION ; AND AN
EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers. 6130 Sunset Drive,
South Miami, Florida 33143. Commission members will participate in Chambers or by
video conferencing through the Zoom platform and members of the public may join the
meeting via Zoom at (https://zoom .us/j/3056636338), by phone by calling +1-786-635-1003
and entering Meeting ID : 3056636338 when prompted, or in person in the Commission
Chambers , and where their appearance will be broadcast on the Zoom platform , and where
they can participate.
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.
Pursuant to Section 286.0105, Fla. Stat., the Ctty hereby advises the public that if a person decides to appeal any
decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based . This
notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to
participate in a City program , activtty or event, you must on or before 4:00 p.m. 3 business days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at
6130 Sunset Drive , South Miami , Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC , FCRM
City Clerk