Ord No 01-24-2486ORDINANCE NO. 01-24-2486
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ARTICLE V "PROCEDURES AND APPLICATIONS",
SECTION 20-5.15 "CERTIFICATE OF USE" OF THE LAND
DEVELOPMENT CODE, TO PROVIDE ADDITIONAL
REGULATIONS FOR CERTIFICATES OF USE;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, Article vm, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
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, Article V, Section 20-5.15 "Certificate of use," of the LDC provides that a
certificate of use confirming that a property or structure has the appropriate zoning for its proposed
use shall be required for all new businesses, a change in ownership of an existing business, or a
change in the character of occupancy of any existing business; and
WHEREAS, a certificate of use confirms that the business is allowed in the zoning district
where it is located and is evidence that the structure has obtained the proper certificate of
occupancy for the proposed type of use/occupancy; and
WHEREAS, the City Commission desires to establish regulations and procedures for
obtaining, denying or revoking a certificate of use; and
WHEREAS, on January 9, 2024, the Planning Board, sitting in its capacity as the Local
Planning Agency, reviewed this Ordinance and recommended approval to the City Commission;
and
WHEREAS, this Ordinance was duly noticed and presented to the City Commission in
two readings, with second reading conducted as the required public hearing on February 6, 2024;
and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City.
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Ord. No. 01-24-2486
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are hue and correct and are incorporated
herein by this reference.
Section 1. Amending Article V, Section of 20-5.15 of the LDC. Article V -
"Procedures and Applications", Section 20-5.15 "Certificate of use" of the LDC, is hereby
amended to read as follows:
ARTICLE V. -PROCEDURES AND APPLICATIONS
* * *
Section 20-5.15-Certificates of use.
{4}_ Certificate of Use Required. A certificate of use confirming that a property or strncture has the
appropriate zoning for its proposed use shall be required for all new businesses, a change in
ownership of an existing business or a change in the character of occupancy of any existing
business. Such certificate shall be obtained from the building and zoning department prior to the
issuance of aft oeeupational lieense local business tax receipt, and prior to doing business within
the City limits.
Q)_ It is hereby deemed unlawful for any person to open or operate any business. occupy
any structure within the City limits, and/or use any land or body of water without first
obtaining a certificate of use therefore from the city manager or designee as may be
required herein.
ill The certificate of use shall be valid so long as a business tax receipt is kept current for
the property.
ill A separate certificate of use sha ll be obtained for each place of business and for each
corporation and/or legal entity within each place of business.
@Fees. The certificate of use application shall be accompanied by a fee as set forth in the City's
Schedule of Fees.
(C) Inspections. Inspections of the applicant's business premises shall be scheduled at the
convenience of both the compliance officer/inspector and the business owner. If the business
owner fails to be present at the time of the scheduled inspection or if the compliance
officer/inspector is denied and/or unable to gain access to the business premises to conduct the
requisite inspection, the business owner may be subject to being charged a reinspection fee per
reinspection at the discretion of the City manager or designee. Additionally, after three such
attempts and/or denials of access to the premises the City manager or designee may pursue the
revocation of any existing certificate(s) of use issued to the subject premises.
(D) Other approvals,
1 Coding: ~ are deletions to the existing words. Underlined words arc additions to the existing
words. Modifications proposed by the Plam1ing Board are shaded in gre)(. Changes between first and second reading
are indicated with eeusle s~riJ,eth1·euge and double underline. Modifications made at second reading are shaded in
ark e
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Ord. No. 01-24-2486
(1) Obtaining a certificate of occupancy prior to issuance of certificate of use. All
businesses required to obtain a certificate of occupancy pursuant to the Florida Building
Code, must do so prior to the issuance of a certificate of use. Any certificate of
occupancy issued by Miami-Dade County shall be honored by the City, provided that
the occupancy for which the certificate was issued remains the same.
(2) State license, certificatio11, registration reguired. All businesses and professions
regulated by the state must submit a copy of their current state license, certification,
and/or registration prior to the issuance of their certificate of use thereafter each year
at time of renewal. Only the state license itself. or in the case of the state hotel and
restaurant commission, the receipt issued by the state, shall constitute proof of current
state license.
(3) Grease trap registration required. All restaurants are required to obtain a grease trap
permit from the Miami-Dade County Department of Environmental Resources
Management and shall provide a copy of said permit to the City manager or designee
prior to the issuance of any certificate of use.
(4) County approvals. To the extent required by the Miami-Dade County Code, all
businesses that require an annual inspection from any Miami-Dade County
Department shall submit a copy of the county inspection report or any such form
indicating that said business was inspected and passed the requisite inspection; prior
to the issuance of any certificate of use.
(E) Grounds for denial or revocation.
ill The City manager or designee, as ap_propriate, shall have the authority to deny an
application for a certificate of use, or revoke a previously issued certificate of use on the
following grounds:
.(fil That the applicant desiring to engage in the business, as described in the application,
has selected a proposed site or type of business activity, which does not comply
with the City's zoning ordinance or other laws of the City.
{hl That the applicant has failed to obtain a ce11ificate of occupancy as required by the
Florida Building Code.
~ The certificate of occupancy for the proposed business location has been denied,
suspended, or revoked for any reason.
@ The certificate holder does not engage in the business as described in the application
or has changed the use without authorization.
~ The certificate holder allows the premises to be utilized for solicitation for
prostitution, pandering, lewd and lascivious behavior, sale, distribution or display
of obscene materials or conduct; sale or possession of any controlled substances or
narcotics.
ill The issuance of a certificate of use is based on the applicant's compliance with
specific provisions off ederal, state, City or county law, with respect to the specific
zoning use, and the a1mlicant has violated such specific provisions.
Ull The annlicant has violated any provision of this section and has failed or refused to
cease or correct the violation within fifteen (15) days after notification thereof.
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Ord. No. 01-24-2486
(hl The premises have been condemned by the local health authority for failure to meet
sanitation standards or the premises have been condemned by the local authority
because the premises are unsafe or unfit for human occupancy.
ill The applicant is delinquent in the payment of any certification fee imposed under
this division; code compliance lien; special assessment lien and/or any other debt
or obligation due to the City under state or local law.
fil The applicant has been denied a City business tax receipt, or the applicant's business
tax receipt has been revoked within the last 12 months.
00. The applicant fails to permit inspection by the City as required and prescribed
herein.
(2) Any person, whose application has been denied as provided herein shall have the right to
agply for a variance and/or public hearing to the extent that such relief is otherwise
available under the Land Development Code. Such application shall be governed in
accordance with any City or local ordinance or law.
(F) Display of certificate. Each certificate of use issued by the City shall be disglayed
conspicuously at the place of business and in such a manner as to be open to the view of the public
and subiect to the inspection of all duly authorized officers of the City. Failure to display the
certificate in the manner provided for in this section shall subiect the owner/operator to applicable
code compliance procedures and/or any other remedies as permitted by law.
(G) Examination ofrecords. It shall be unlawful for any person and/or business to refuse to allow
the department to investigate and examine relevant records for the purpose of determining whether
such person and/or business has a certificate and/or whether such person and/or business shall be
issued a certificate.
llf) Obtaining certificate by false statement. Any certificate of use obtained under the provisions
of this division upon a misrepresentation of a material fact shall be deemed null and void and the
certificate holder who was thereafter engaged in any business under such certificate shall be subject
to compliance action for doing same without a certificate of use with the same effect and degree
as though no such certificate had ever been issued.
(I) Illegal activity not approved by certificate. The issuance or possession of a valid certificate of
use obtained under the provisions of this division does not constitute an approval of any offense,
illegal activity or act 1,1rohibited by law.
(J) Procedure for Revocation: right to appeal.
(1) The revocation of a business tax receipt pursuant to Chapter 13 shall result in the automatic
revocation of the corresponding certificate of use for the same business and same premises.
(2) Where a business tax receipt has not been revoked, the following procedure shall apply
for the revocation of a certificate of use:
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Ord. No. 01-24-2486
!ru_Notice o(violation: right to appeal: order to cease and desist business. Whenever the
city manager determines that any of the grounds for revocation set forth in (E) have
occurred, except for the revocation of a business tax receipt pursuant to Chapter 13, or
that there is a violation of any provision of this chapter or any other applicable state
statute, ordinance, rule or regulation, the city manager, or the manager's designee, shall
give notice of such violation to the person or persons who are responsible for either
obtaining the required certificate of use. Such notice of violation shall:
(i) Be in accordance with the provisions set forth in Chapter 162 of Florida
Statutes;
(ii) Inform the person to whom it is directed of his or her right to apply for an
appeal hearing before the city commission; and
{iii) Instruct the responsible person(s) identified in the violation to immediately
cease and desist all business, occupational. or professional activities on the
prellllses.
(b) If such violation is not corrected within fifteen {15} days after receipt of the notice of
violation, the city manager may revoke the cedificate of use. Prior to taking such action,
the city manager shall provide the holder of the certificate of use the opportunity to
present evidence at an informal meeting held by the city manager as to why such action
should not be taken. If the city manager determines due to the imminent threat of harm to
the public health, safety or welfare, that emergency corrective action must be
immediately taken, a shorter period for corrective action may be directed {less than
fifteen (15) days), and/or the opportunity to present evidence may follow the revocation
of the certificate of use. The city manager shall prepare a written order of his actions
stating the facts upon which he relies. The violator may appeal the order revoking the
certificate of use to the city commission.
{K} Procedure for Appeals.
(a) An appeal to the city commission may be filed with the city clerk upon a form
prescribed by the city clerk. An appeal must be filed within fifteen ( 15} days of
the action taken which is the subject of the appeal. An appeal may be filed by any
aggrieved person(s).
(b) An appeal stays all proceedings in furtherance of the action appealed from, unless
the city manager certifies to the city commission, after notice of appeal has been
filed, that because of the facts stated in the certificate, a stay would, in the city
manager'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 this chapter.
Cc) If certification occurs in accordance with subsection {b) above, proceedings may
not be stayed, except by a temporary injunction issued by a court of competent
jurisdiction.
(d) The city commission shall hear and enter a decision on all appeals within sixty
(60) days of the date of filing such appeal. and shall provide due notice of the
appeal to the parties.
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Ord. No. 01-24-2486
(e) The city commission may reverse, affum 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) When practical difficulties or unnecessary hardships would result from canying
out the strict letter of a provision, the city commission may, in passing upon
appeals, vary or modify any regulation or provision of this section relating to
certificates of use, so that the spirit of this section is observed, public safety and
welfare secured, and substantial justice done.
Section 2. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 3. 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 4. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption.
PASSED on first reading on the 16th day of January, 2024.
PASSED AND ADOPTED on second reading on the 6th day of February, 2024.
ATTEST:
CITYW
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
M~
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Page 6 of6
Agenda Item No:12.
City Commission Agenda Item Report
Meeting Date: February 6, 2024
Submitted by: Daniela Cimo
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ARTICLE V “PROCEDURES AND APPLICATIONS”, SECTION 20-5.15 "CERTIFICATE OF USE" OF THE
LAND DEVELOPMENT CODE, TO PROVIDE ADDITIONAL REGULATIONS FOR CERTIFICATES OF USE;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE. 3/5 (CITY ATTORNEY)
Suggested Action:
Attachments:
CA_Memo_Ord_Re_Certificate_of_Use_CU_Procedures.docx
Ordinance_-_Certificate_of_Use_Procedures-SR.docx
47F4592-Business Impact Estimate Form - rev.docx
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:February 6, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE V
“PROCEDURES AND APPLICATIONS”, SECTION 20-5.15
"CERTIFICATE OF USE" OF THE LAND DEVELOPMENT CODE, TO
PROVIDE ADDITIONAL REGULATIONS FOR CERTIFICATES OF
USE; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
______________________________________________________________________________
The accompanying ordinance proposes to amend the Land Development Code to provide for
specific requirements and procedures for certificates of use. The new regulations provide a more
complete framework to implement certificate of use application, issuance, and the circumstances
which may result in revocation. The regulations are consistent with the business tax receipt
regulations and are intended to formalize the certificate of use process and enable better
enforcement.
2
BUSINESS IMPACT ESTIMATE1
Summary of Proposed Ordinance and Statement of Public Purpose to be Served
The proposed ordinance amends the Land Development Code to provide for specific requirements and
procedures for certificates of use. The new regulations provide a more complete framework to implement
certificate of use application, issuance, and the circumstances which may result in revocation. The
regulations are consistent with the business tax receipt regulations and are intended to formalize the
certificate of use process and enable better enforcement
Estimate of Direct Economic Impact on Private/For Profit Businesses
a.Estimate of Direct Business Compliance Costs:
The impact is minimal/negligible, as the requirements for a certificate of use have not changed, only the process has
been formalized in law.
b.New Charges/Fees on Businesses Impacted:
None
c.Estimate of Regulatory Costs:
We do not anticipate additional costs over the cost of the current certificate of use process.
Good Faith Estimate of Number of Businesses Likely Impacted: Any businesses establishing operations in the city
for the first time will be impacted. In 2023, 160 certificates of use were issued. We estimate a similar number of
businesses will require a certificate of use in 2024.
Any Additional Information:
1 Business Impact Estimate does not apply to the following:
1. Ordinances required for compliance with federal or state law or regulation;
2. Ordinances related to the issuance or refinancing of debt;
3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;
4. Ordinances required to implement a contract/agreement;
5. Emergency ordinances;
6. Ordinances relating to procurement, including but not limited to, any federal, state, local, or private grant, or other financial
assistance accepted by a municipal government;
7. Ordinances enacted to implement the following:
a.Part II of Chapter 163, F.S.;
b.Sec. 190.005, F.S. and Sec. 190.046, F.S.;
c.Sec. 553.73, F.S. (Fla. Building Code);
d.Sec. 633.202, F.S. (Fla. Fire Prevention Code).
Meeting Date: February 6, 2023 Agenda Item No. ____
10
4SE ...................................................................................................NEIGHBORS SUNDAY JANUARY 21 2024
Last week’s recall of
133,039 pounds of Park-
view Turkey Polska Kiel-
basa went to Aldi stores
in 3 5 states and the Dis-
trict of Columbia,accord-
ing to Aldi and the U.S.
Department of Agricul-
ture.
The federal agency’s
Food Safety Inspection
Service released a list of
stores that probably
received the sausage sold
under one of Aldi’s store
brands.
Aldi’s recall announce-
ment said the sausage
went to Florida,
California,Texas,North
Carolina,South Carolina,
Missouri,Kentucky,New
York,New Jersey,Alaba-
ma,Arizona,Arkansas,
Connecticut,Delaware,
the District of Columbia,
Georgia,Illinois,Indiana,
Iowa,Kansas,Louisiana,
Maryland,Massachu-
setts,Michigan,Mis-
sissippi,Nebraska,New
Hampshire,Ohio,Okla-
homa,Pennsylvania,
Rhode Island,Tennessee,
Vermont,Virginia,West
Virginia,and Wisconsin.
The kielbasa,which
was recalled because of
bone fragments in the
sausage,was sold in 13-
ounce packs with use by
dates of April 24,2024,
and April 2 7,2024.
Anyone with these packs
should return them to the
store for a refund.
Direct all questions to
manufacturer Salm Part-
ners CEO Keith Lindsey,
920 -863-5559,ext.13 46.
David J.Neal:
305 -376 -355 9,
@DavidJNeal
Sausage recall over bone fragments
covers Aldi grocery stores in 35 states
BY DAVID J.NEAL
dneal@miamiherald.com
USDA Food Safety Inspection Service
Parkview Turkey Polska
Kielbasa.
11