Ord No 19-23-2470ORDINANCE NO. 19-23-2470
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ARTICLE III "ZONING REGULATIONS", SECTION 20-
3.6(L) OF THE LAND DEVELOPMENT CODE, TO
PROHIBIT STORAGE AND PARKING OF BOATS WITHIN
THE FRONT AND SIDE STREET YARDS OF
RESIDENTIAL PROPERTY; 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(L) of the LDC currently permits the storage and parking of
one trailered boat within the front yard; and
WHEREAS, trailered boats can be unsightly and clutter the appearance of yards that are
visible from public streets; and
WHEREAS, boats with engines, especially when left trailered without use from long
periods of time, run the risk of corrosion and other impacts of wear that can result in unintended
pollutant discharges; and
WHEREAS, the City Commission desires to enhance the aesthetics of the community and
protect rights-of-way and stormwater infrastructure from pollutant discharges from boats in
proximity to such rights-of-way; and
WHEREAS, the City Commission finds the parking and storage of boats within yards
adjacent to rights-of-way diminishes the aesthetics of the community and increase the probability
Page 1 of5
of pollutant discharges impacting rights-of-way and stormwater infrastructure due to their
proximity to the right-of-way; and
WHEREAS, the City Commission further desires to limit the ability to park and storage
boats within yards adjacent to rights-of-way; and
WHEREAS, on September 12, 2023, the Planning Board, sitting in its capacity as the
Local Planning Agency, reviewed this Ordinance and voted 6-0 to recommend 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 October 17, 2023; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:l
Section 1. Recitals, The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2, Amendioe Article III gf the Cgde, That Article ITI is hereby amended to
read as follows:
ARTICLE In ZONING REGIlLATIONS
(L) Boats and Trailers.
(1) Storage of Boats. A motoreoat or sailboat may be boat stored eIHy in the RS
zoning districts of the City, it must be stored on a trailer that is in good condition,
I Coding; Skikethreugb wems are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in ~y. Changes between first and second
reading are indicated with Ei8Mle slftlielkf8ltgft and double underline.
Page 2 of5
operable and capable of moving the boat (hereinafter referred to as a "Trailered Boat").
and it must A Trailered Boat shall be stored only in accordance with the following
definitions and requirements:
(a) Definitions:
(i)A "Boat" includes motorboats. sailboats. personal watercraft or any
other vessel intended for use on or within water. "motorhoat" is defifted
for this suhseetios as a hoat that is eE}uipped 'ylJith a motor for propulsioft
or that is desigfted speeifieally to he equipped 7yVith a motor.
(ii)Storage of a boat is defined for this subsection as a Trailered Boat that
has been parked in one position for more than twelve (12) hours.
(iii) An Existing Boat is a Trailered Boat timely registered with the City
in accordance with this Section (L).
(iv) The Life of a Boat shall mean the period of time in which an
Existing Boat is in operable condition and is stored on the property that it
is registered for.
(v) Street Yard shall mean the area of private property between the
portion of the building wall closest to a primaty or secondary (Le.
comer) right-of-way and the right-of-way.
(b) A Trailered Boat. existing and located within the City. as of October 17. 2023. shall
be registered with the City within 90 days of October 17. 2023 in order to be exempted
from these regulations to the extent provided in subsection (L){l)(d). If properly
registered. the boat will be considered an Existing Boat under this Section (L) No
Trailered Boat may he stered ift the puhlie right of \vay.
(c)A Trailered Boat shall not be stored within the right-of-way or a Street Yard. Ne-
more thaa ofte Trailered Boat may he stored is as)' frost yard.
(d)Exception. An Existing Boat may be stored in a Street Yard for the Life of
the Boat subject to the following: No Trailered Boat may he stored sloser thaa
fi'Je (5) feet from the frost property lise asd RO eloser thas five (5) feet from the
froRt yard's side property liRe.
(i) An Existing Boat shall not be stored closer than five feet from ~y
property line.
(ii) Where an Existing Boat is stored in a side. or secondary. Street Yard . ... .. ...•. -, .-............ , .. ~ .. ' _ .. -'.'J t-·· .. ··_·· 1
the Existing Boat shall be visually buffered by l tRisif@ltm sif( Feel~igH ,At!:M1
f8ltee~·· ~;888MY ·;.vail~·8~ trees _itd/or shrubs maintained to a minimum height of six
feet.
Page 30fS
(e) No major repairs or overhaul work may be made or performed on a Trailered
Boat.
(t) A Trailered Boat must have a valid state vessel registration decal visible on
the front of the boat, it must be parked on a trailer that has a valid state
registration, license tag and decal, and it must be registered and belong to a
resident of the home where the boat is being stored.
(g) Except for an Existing Boat. a Trailered Boat shall not exceed No TFaileFed
Boat measHriag more thaa thirty-two (32) feet in length., C*elHdiag the
aO\vsprit, (large aoats) aad that is aot already stored oa a lot as of Fearuary 2,
2021 (effeetive date), may ae stored ia the City. A eOHrtesy aotiee of eivil
iafraetioa v/ill ae served OR the O""ffler sf the Feal property 'yvhere the large aoat
is feYRS te Be steres after the effective sate. If the large Beat is Ret reme'/es
from the City ""/ithiD ODe "NeelE of reeeiviag the eOHrtesy Dotiee, a eitatioR '.vill ae
issHed to the OVJDer of sHeh real f)rof)erty. It is the prof)erty E)1yVDer i S aHrdeD to
f)rO\'e that the aoat 'Nas stored ia the City f)rior to the etieeti'le date. fa: aoat
eV/Rer may register a large Beat that 'lias BeiRg steres iR the City prier te the
effeetive date. RegistratioR mHst ae HDder f)eDaity of perjHry and, if filed \vith
the City Clerk hefere er 'lIithiR feurteen (14) says ef the effecti'/e sate, Sych
registratioa ""lill be irrebHttable e'Jideaee of the storage of the large boat f)rior to
the effeetive date.
(h)No boat engine may be "revved" (the rapid acceleration with rapid
decel eration).
(i) All boats must be operational and usable and the areas where the boats are
stored must be maintained in a clean, neat, and presentable condition.
(j) All Trailered Boats must be secured to the trailer so that it will not be a
hazard or menace during a hurricane or high winds.
(k) Trailered Boat shall not be used for living or sleeping quarters.
(1) The temporruy parking of a boat in a Street Yard for no more than four-hours
in any 24-hour period, while the boat is hitched to an operable motor vehicle
with a valid pennanent license tag. for the purposes of washing the boat. and
loading/unloading equipment and supplies shall be permitted. but under no
circumstances shall a boat be parked or stored in the public right-of-way.
including the swale area of a right-of-way.
(2) Storage of camp trailers shall not be permitted in ~ required Street Yard front yard
setaaek areas.
Page 4of5
Section 3. Corrections. Conforming language or technical sClivener-type corrections
ma y be made by the City Attorney for an y conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4. SeYerability. 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 holdin g
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. ConOicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions , in conflict herewith, are rep ea led to the extent of such conflict.
Section 6. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance .
Section 7. Effectiye Date. This Ordinance shall become effective immediately upon
adoption.
PASSED on first reading on the 3,,1 day of October, 2023.
PASSED AND ADOPTED on second reading on the 17th day of October, 2023.
CITy h
ATIEST ~
MA R
COMMISSION VOTE
Mayor F ernilndez:
Vice Mayor Bonich :
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey :
Pa ge 50f5
4-0
Yea
Absent
Yea
Yea
Yea
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: October 17, 2023
Submitted by: Marcus Lightfoot
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 III “ZONING REGULATIONS”, SECTION 20-3.6(L) OF THE LAND DEVELOPMENT CODE, TO
PROHIBIT STORAGE AND PARKING OF BOATS WITHIN THE FRONT AND SIDE STREET YARDS OF
RESIDENTIAL PROPERTY; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
Memo_Re_Boat_Storage (3).docx
47E8562-Boat Storage Ordinance - Second Reading Changes.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 A?orneys
CC:Genaro “Chip” Iglesias
DATE:October 17, 2023 City Commission Mee?ng
SUBJECT:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AMENDING ARTICLE III “ZONING REGULATIONS”,
SECTION 20-3.6(L) OF THE LAND DEVELOPMENT CODE, TO
PROHIBIT STORAGEAND PARKING OF BOATS WITHIN THE FRONTAND
SIDE STREETYARDS OF RESIDENTIAL PROPERTY;PROVIDING FOR
CORRECTIONS;SEVERABILITY;CONFLICTS; IMPLEMENTATION; ANDAN
EFFECTIVEDATE
The accompanying ordinance was prepared and placed on the agenda at the request of
Commissioner Liebman.
2
8
MIAMI-DADE
STATE OF FL ORI DA
CO UNTY OF MIAMI -DADE :
Befo re the undersigne d au thority personalty appea red
GU ILLE RM O GARC IA, who on oa th says that he or she is the
DIRECTOR OF OPERATIO NS, Legal Not ices of the Miami Daily
Bu si ness Review Uk/a Miami Revie w, of Miami-Dad e County ,
Florida ; thai the attached copy 01 ad vertisement , be ing a
Legal Advertisement of Notice in the matter of
CIT Y OF SOU TH MIAM I-PUBLI C HEAR ING -OCT. 17 ,2023
in the XXXX Court ,
was p ublish ed in a neo. .... spa per by p ri nt in th e issues of M iami
Daily Business Review f/k/a Mi ami Review on
10/06/2023
Affiant further says that the newspaper complies with all
legal requirements for publica ti on in chapter 50 , Florida
Swo 0 and subscr ibed before me th is
6 day of
(SEAL)
GUILLER MO GARCIA person ally known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Com mission wi ll hold a public hearing
on Tu e sday . Oc tobe r 17. 2023. aj 7:00 p-.m. to consider the following
pub~i C hearing item (s):
A RESOLUT ION OF TH E CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLO RI DA, APPROVING A DEVE LOPMENT
AGREEMENT WITH ANCHOR MIAMI IRF OWNER, LLC , AND
SOUTH MIAM I HOSP ITAL , INC., FOR THE PROPERTY LOCATED
AT 6233 SUNSET DRIVE, 6201 SUNSET DRIVE, AND 7150 SW 62
AVENUE, SOUTH MIAMI, FLOR IDA, PURSUANT TO SECTION
20 -8 .9 OF THE lAND DEVELOPMENT CODE; AUTHORIZING THE
CITY MANAGER TO EXEClfTE THE DEVELOPMENT AGREEMENT;;
PROVlDING FOR CORRECTIONS, IMPLEMENTATION, REPEALER ,
SEVERABILITY, AND AN EFFECTIVE DATE.
A RESOLUTION AUTHOR IZING THE CITY MANAGER TO ENTER
INTO A MULTI-YEAR SOLE SOURCE RENEWAL AGREEMENT .
WITH ICON ENTERPRISES , INC .. D/B/A CIVICPLUS FOR
WEBSITE SUPPORT, MAINTENANCE AND HOSTING SERVlCES,
AND SUBSCRIPTIONS FOR AUDIOEYE , A PROGRAM THAT ENABLES
THE CITY WEB SITE TO BE MORE ADA ACCESS IBLE , AND
SEEC LI CK FI X UN DER TH E CITY BANNER AS SOM I CONNECT,
A 311 -RE QUEST MANAGEMENT APPLI CA TION ASSISTING CITY
STAFF TO COMMUNICATE WITH RESIDENTS, MANAGE TICKETS
AND RESOLVE ISS UE S PROV IDING FOR IMPLEM ENTATION;
CORRECTIONS; SEVERAB ILITY ; AND AN EFFECTIVE DATE .
A RESO LUTION OF THE CITY COMM ISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHOR IZING THE CITY MANAGER 'TO
ENTER INTO A MUL TI-YEAR AGREEMENT FOR TH E ENFORCEMENT
OF SCHOOL ZONE SPEED LIMITS, PROVlDING FOR IMPLEMENTATION ,
CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
9
,.
AN ORDINANCE OF THE CITY COMM ISSION OF THE CITY OF
SOlITH MIAMI, FLORIDA , AMENDING ARTICLE III 'ZONING
REGULATIONS', SECTION 2D-3.6{L) OF THE LAND DEVELOPMENT
COD E, TO PR OHIBIT STORAGE AND PARKING OF BOATS WITHIN
THE FRONT AND SIDE STREET YARDS OF RESIDENTIAL PROPERTY;
PROVIDING FOR CORRECTIONS; SEVERAB ILITY; CONF LICT S;
IMPLEME NTATI ON; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF
SOUTHMtJ\MI, FLORIDA, AMENDING THE SOUTH MIAM I PENSION __
PLAN ; BY AMENDING CHAPTER 16 'PENSIONS', ARTICLE " 'CITY
PENSION PLAN', SECTION 16-12, 'DEF INITI ONS'; SECTION
16-14, 'PEN SION BENEFITS AND RETIREMENT DATE '; AND BY
AMENDING SECTION 16-17, 'TERM INATION OF EMPLOYMENT';
AND PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTTVE DATE .
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 ~:1/zoom.usl1/3056636338),
by phone by calli ng + ,·786-635-1003 and entering Meeting ID: 3056636338
when prompted, or In person in the Co mm issio n Chambers, and where
thei r appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and wi ll be heard.
For further information, please contact the City eler1<'s Office at: 305-663-6340.
Pursuant to Section 266.0105, Aa. Stat., the City hereby advises the public
that i1 a person decides to appeal any decisio n mad e by the CommIssion
with respect to this matter, such perso n f!1ust ensu re that a verbatim record
of the proceedIngs is made, whIc h reco rd includes the testimony and
evi dence 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 ott)erwise allowed by law.
\OA; To request a modification to a policy, practice or procedure or to re-
lUest an auxiliary aide or seMC8 In order to partic ipate in a City program,
Ictivity or event, you must on or before 4:00 p.m. 3 business days before
he meeting (not counting th e day of the meeting) deliver your request to
:he City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
30uth Miami, Fl orida or email at npayne@so uthm iam ifl.gov .
10i6
Nkenga A Payne , CMC, FCRM
Cily Clerk
23-6310000687661 M
loll1'U>z.~
SUNDAY OCTOBER 8 2023 NEIGHBORS ...................................................................................................15SE
Nearly 20 years ago,
back-to-back hurricanes
left the old Flamingo
Lodge at Everglades Na-
tional Park in ruins.Now,
the famed lodge is finally
ready to reopen.
Park officials will cele-
brate the grand opening
on Oct.2 7.Flamingo 2.0
is elevated on stilts and
made from shipping con-
tainers.Park officials said
its 24 rooms and new
restaurant are energy-
efficient and built to with-
stand flooding.
The old pink visitor
center,also damaged by
Hurricanes Katrina and
Wilma,reopened in July.
Lodge reservations are
now being accepted for
stays beginning Nov.1.
Summer and winter rates
start at $159 a night.Win-
ter and spring rates start
at $2 59.
National Park Service (Artist’s rendering)
Cabins built from shipping containers will replace the old lodge,according to this
proposed design.
Everglades National Park’s old lodge
ready to reopen 20 years later
BY JENNY STALETOVICH
WLRN
Biscayne National Park
is asking visitors to weigh
in on proposed fee
changes for services at
Boca Chita and Elliott
Keys.
It would include a new
docking fee and a flat
camping fee.Proceeds
would be used to improve
visitor services and better
address trash pick-up and
disposal,dock repair,
resource damage miti-
gation and facilities main-
tenance.
In a statement to
WLRN,Biscayne National
Park officials say the pro-
posed fees would help its
team improve the visitor
experience and manage-
ment of the remote is-
lands.
The public comment
period runs from Sept.2 2
to Oct.2 3.
Biscayne
National Park
weighs fee
changes at
Boca Chita,
Elliott Keys
BY SHERRILYN CABRERA
WLRN
PHOTO BY NEIL MONTANUS/NPS
Boca Chita Key,once a millionaire's retreat,is now the
park's most popular island.
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