Ord No 13-24-2498ORDINANCE NO. 13-24-2498
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, COMPREHENSIVELY AMENDING THE CITY
CODE AND LAND DEVELOPMENT CODE TO
RESTRUCTURE THE DEVELOPMENT APPROVAL
PROCESS AND THE ROLE OF THE ENVIRONMENTAL
REVIEW AND PRESERVATION BOARD, INCLUDING
RENAMING THE BOARD, AND AMENDING ITS
COMPOSITION, POWERS AND DUTIES, AND
PROCEDURES; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
WHEREAS, A11icle VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for Inunicipal 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 Code of Ordinances (the
"Code") and a Land Developluent Code (the "LDC") to promote the health, safety, comnlunity
acceptable standard of morals and general welfare of the residents of the City of South Mialni
through the stated regulations; and
WHEREAS, the City Comnlission finds it periodically necessary to amend the Code and
the LDC in order to update regulations and procedures to implement planning goals and
objectives; and
WHEREAS, A11icle VI, Section 20-6.1 of the LDC establishes the administrative entities
of the City, including the Planning Board, the Environmental Review and Preservation Board
(ClERPB"), and the Historic Preservation Board ("HPB"), and provides regulations with respect to
the establishment, melnbership, organization, powers and duties, and procedures of each
board; and
WHEREAS, the ERPB was created prior to January I, 2020, to provide design review of
development with the City, including single-family and two-family dwellings; and
WHEREAS, projects tnay require completion of various separate but related procedures
in o.-der to seCllre final approval review, including review andlor approval by the Planning Board,
the ERPB, and HPB; and
WHEREAS, the City Commission desires to comprehensively amend the Code and LDC
to clarify development review process by restructuring the approval process for various
applications, including the ERPB's role in the review process by renaming the ERPB, and
amending its cOlnposition, powers and duties, and procedures; and
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Ol·d. No. 13-24-2498
WHEREAS, the City Commission desires to amend the Code, as set forth in Exhibit "A",
and the LDC, as set forth in Exhibit "B"; and
WHEREAS, on April 9, 2024, the Planning Board, sitting as the City's local planning
agency in accordance with Chapter 163, Florida Statutes, reviewed this Ordinance at a duly noticed
public hearing, and voted 4 -0 to recommend adoption of the Ordinance to the City Commission
subject to changing the nanle of the board to the Design Review Board (DRB) and that zoning
review be cOlnpleted prior to review by the DRB; and
WHEREAS, the City Commission held first reading on the proposed Ordinance on April
16, 2024, and approved the Ordinance on first reading; and
WHEREAS, the Comlnission conducted a duly noticed public hearing on the Amendment
as required by law, Florida Statutes, on May 7, 2024, and fu.-ther finds the proposed 01'dinance is
necessary, compatible, and in the best interest of the City and community.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: 1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Code of O.·dinances. The City Code of Ordinances is hereby
amended as set forth in Exhibit "A" attached hereto and incorporated herein.
Section 3. Amending Land Development Code. The City Land Development Code
is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein.
Section 4. Co.o.oections. Confonning language or teclmical scrivener-type corrections
tnay be made by the City Attorney for any confonning alnendments to be incorporated into the
final Ordinance for signature.
Section 5. Severability. If any section, clause, sentence, or phrase of this Ordinance
is for any reason held invalid 01' unconstitutional by a cou11 of competent jurisdiction, the holding
shall not affect the validity of the remaining pol1ions of this Ordinance.
Section 6. 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 7. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
I Coding: Stril£elllraugh \'Iards ore deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Bonrd are shaded in gteY,. Chonges between first and second rending
are indicated with tisHhle slfill8tlt1'8\1gll and double underline and ore shaded in ~.
Page 2 of3
Ord. No. 13-24-2498
Section 8.
adoption.
Effective Date. This Ordinance s hall become effective immediately lipan
PASSED on first reading on tbe ~ day of April. 2024 .
PASSED AND ADOPTED all seco nd reading on the ~ clay of May. 2024.
ATTEST:
READ AND APPROVED AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECU TION THEREOF
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonieh:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Co rey: Yea
Puge30f3
EXHIBIT A
CHAPTER 8A – CODE OF ETHICS
11
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Sec. 8A-1. Conflict of interest and code of ethics ordinance.3
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(b)Definitions.For the purposes of this section the following definitions shall apply: 5
***6
(3) The term "quasi-judicial personnel" shall refer to the members of quasi-judicial boards 7
and the term "quasi-judicial board" shall mean any board that performs quasi-judicial 8
functions, including the environmental review and preservation board (ERPB) design 9
review advisory board and the historic preservation board. 10
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(l)Certain appearances and payment prohibited.12
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(3) Notwithstanding anything contained in chapter 8A to the contrary, nothing in chapter 14
8A shall prohibit architects or other design professionals ("design professional") who are 15
serving without compensation on any of the city's architectural boards or committees 16
("board"), whose sole function is to pass on the aesthetics of plans submitted, such as 17
environmental review and preservation board design review advisory board, or historic 18
preservation board from doing business with any person or entity who submits an 19
application or appears in person, or through representatives, before the design 20
professional's board nor to prevent the design professional from filing plans on behalf of 21
his or her client so long as such design professional discloses, in writing, to his or her 22
board and to the city clerk the design professional's relationship with the client and 23
disqualifies himself or herself from speaking, voting or otherwise participating in any 24
manner on such application and provided the design professional does not lobby any city 25
officer, elected or appointed official, city employee or any other board, commission or 26
committee, or members thereof. However, once an application has been submitted to the 27
city for board consideration, no person serving on the board, either directly or through 28
an associate or their firm, may be retained by any person, including the applicant, to 29
represent, appear, or make a presentation on behalf of the applicant or any other party 30
on the specific matter being considered by the board. 31
***32
CHAPTER 7 – BUILDINGS33
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1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second reading
are indicated with double strikethrough and double underline and are shaded in dark grey.
6
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EXHIBIT A
Sec. 7-3.1. Issuance of building permits involving use of sewer plants.35
The issuance of building permits involving the use of sewer plants without prior 36
recommendation of the environmental review board, recommendation of the planning board and 37
approval of the city council is hereby prohibited. 38
***39
CHAPTER 13 – LICENSES40
***41
ARTICLE X. – TELECOMMUNICATIONS SYSTEMS42
***43
Sec. 13-85. Location and relocation of facilities.44
(a) Unless specifically approved by the city manager, licensee's system shall be installed 45
underground. All aboveground facilities shall be constructed in a manner as to minimize the 46
visual impact of the facility. Licensee shall provide landscaping sufficient to minimize 47
visual impact, and as approved by the environmental protection review board. 48
***49
7
EXHIBIT B
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ARTICLE III. - ZONING REGULATIONS
11
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20-3.4 Special use conditions.3
Any of the following special uses may be approved and permitted by the City Commission 4
at a public hearing, after a recommendation by the Planning Board, in accordance with the 5
development review process in Sec. 20-5.2, provided that such use is specifically listed as a 6
permitted special use in the appropriate district column in the Permitted Use Schedule (Section 7
20-3.3D), and that such use complies with the following general and special requirements, as 8
well as any other conditions that the City Commission may consider appropriate and necessary:9
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(B)Special Requirements.11
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(22) AUTOMOBILE RENTAL AGENCY. The following requirements shall be applicable 13
to all automobile rental agencies allowed as a special use: 14
(a) No ingress or egress to the automobile rental agency shall be permitted through 15
abutting residentially zoned parcels. 16
(b) When adjacent to a residential district, a landscape buffer shall be required17
acceptable to the city's ERPB shall be constructed along dividing property lines.18
(c) Required parking spaces are to be designated for customers and employees only, 19
and not to be used for the storage of vehicles. 20
(d) Maintenance, mechanical repair or washing of cars on site is prohibited. 21
***22
(24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, PHARMACY 23
OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The following 24
requirements shall be applicable to all Medical Marijuana Retail Centers (MMRC), and 25
Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) allowed as a 26
special use: 27
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(j) Any person desiring to commence the operations of a Pharmacy or MMRC (the 29
"Applicant") may apply to the City's Planning and Zoning Department for a 30
reservation ("Reservation"). The Planning and Zoning Department shall issue the 31
Reservation if the proposed use meets the spacing requirements of this section. If 32
any other person applies for a Reservation, such Reservation shall be limited to a 33
location that is more than one thousand (1,000) feet from a proposed use for which 34
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second reading
are indicated with double strikethrough and double underline and are shaded in dark grey.
8
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EXHIBIT B
Page 2 of 37
a Reservation has been issued. A Reservation shall expire if a building permit is not 35
issued within one hundred twenty (120) days from the date that the Reservation was 36
issued, unless the Applicant demonstrates to the Planning and Zoning Department 37
that the Applicant has been diligently engaged in the process of applying for a 38
building permit and the Planning and Zoning Department extends the expiration 39
date. However, in no event shall the Reservation be extended beyond three hundred 40
sixty-five (365) days from the date of issuance unless theCity Commission extends 41
the Reservation for good cause. In the event that the Applicant is denied an 42
extension of time or a building permit, or denied any relief needed to obtain a 43
building permit, and if the Applicant fails to take a timely appeal from such denial, 44
the Reservation shall immediately expire on the date that the time for appeal 45
expires. The Applicant shall have the right to appeal the denial of an extension of 46
time. Such an appeal must be taken within fifteen (15) days of denial and shall be47
heard by the City Commission the same time, in the same manner and to the same 48
appellate body as an appeal from a decision of the Environmental Review and 49
Preservation Board.50
***51
20-3.5 Dimensional requirements.52
***53
Section 20-3.5H 54
DIMENSIONAL REQUIREMENTS 55
SINGLE-FAMILY RESIDENTIAL DISTRICTS - TWO-STORY56
***57
Special dimensional requirements and performance standards for two-story single family structure 58
and two story additions.59
***60
(C)Performance Standards.The performance standard set forth in this section will guide 61
the development of two-story residential homes in the single family residential districts: 62
RS-1, RS-2, RS-3, RS-4 and RS-5. The performance standards are necessary in order to 63
address yard setbacks, open space, adequate landscaping, plan review process, and 64
existing character of the residential neighborhoods in the City of South Miami. By 65
implementing these standards the city will be able to preserve and enhance the 66
neighborhood character through architectural designs that are consistent and responsive 67
to the individual context of the city architecturally diverse neighborhoods68
***69
(8)Landscape Requirements.A minimum of fifty (50) percent of the entire front yard 70
area shall be green space. All yard areas shall be landscaped with trees and drought 71
resistant native vegetation, as necessary, to enhance privacy from abutting 72
properties. The landscaped open space required by this Section shall consist of 73
pervious landscaped area and shall not consist of any paved or otherwise 74
impervious areas. The minimum height of new trees for two-story homes shall be 75
eighteen (18) feet. An inventory of existing trees located onsite shall be prepared 76
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EXHIBIT B
Page 3 of 37
and submitted to the Planning Department as part of the Environmental Review 77
Preservation Board (ERPB) Planning application. The required landscaped plan 78
shall be prepared by Florida Registered Landscape Architect consistent with the 79
City's Tree Ordinance.80
(9)Architectural and Site Plan.All new two-story homes or second story additions 81
shall be reviewed by the ERPB consistent with Section 20-6.1(C) of the Land 82
Development Code. The design review must be based on sound and clearly 83
articulated design principles. The architectural plans must be signed and sealed by 84
a Florida Registered Architect. 85
(a) The ERPB shall consider and apply the following features as part of the 86
review: 87
(i)Scale, color, texture, appropriateness, and aesthetic quality of all 88
proposed buildings and other structures; 89
(ii) Quantity, quality and arrangement of all proposed landscaping and 90
open space features; 91
(iii) Overall compatibility of the proposed development with the existing 92
and desired character of the property and neighborhood in which 93
located; and94
(iv) The installation of sidewalks along all arterial roadways and 95
compliance with the City's sidewalk policies and requirements. 96
(b) Designs should use a mix of articulation, architectural elements and exterior 97
finishes reducing the perceived scale and bulk of buildings, including low to 98
moderately pitched roofs and recesses under roof creating indoor/out door 99
living spaces (terraces). In considering the design of the building, the ERPB100
shall consider and apply Section 7(a)(i) thru (iii), and render a decision as to 101
the adequacy of the elements in the design concept including, but not limited 102
to: 103
Trim 104
Shutters 105
Awnings and canopies 106
Windows (Fenestration) 107
Doors 108
Texture of surface 109
Colors 110
Roofs (materials, color, slope and overhang) 111
Planters 112
Window boxes 113
Walls, height, location, materials, design 114
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EXHIBIT B
Page 4 of 37
Height of building 115
Location of structure on site 116
Site circulation in regard to pedestrian travel, parking, services, grades and 117
landscaping 118
Location of exposed piping, conduits and rain water leaders 119
The impact on adjacent properties of continuous two story walls 120
All lighting (height, location and style) 121
(c) A Comprehensive Neighborhood Analysis, photographs of the site, and a 122
statement explaining how the proposed building complies with the 123
architectural style surrounding the site must be submitted as part of the ERPB124
application. The ERPB shall require changes to the plans to ensure that the 125
design preserves the existing architectural style of the neighborhood, unless 126
specified to the contrary, and promotes design excellence in the community. 127
The ERPB, as part of the its application for review, shall require the 128
submission of photographs of both sides of the street and all abutting 129
properties, on the block where the new two-story home or two-story addition 130
is to be constructed. 131
(d) The architectural context includes the height, scale, massing, separation 132
between buildings, and style in regard to how buildings and structures relate 133
to each other within a specified area. Architectural context allows for134
differences in height, scale, massing, and separation between buildings and 135
style, when such differences contribute to the overall harmony and character 136
of the area. The ERPB shall not take into consideration existing buildings and 137
structure that are out of context with the area when considering whether a new 138
building or structure or a substantial addition to an existing building or 139
structure is in context with both sides of the street on the block where it is 140
located and surrounding properties. The ERPB shall review the building or 141
structure in the context of that area in which the site is located when a new 142
building or structure or a substantial addition to an existing building or 143
structure is located on a building site that is on the border of two areas that 144
have different character or content. 145
(e) The Planning Director shall have the administrative discretion to require the 146
above review process to the accomplished prior to a Planning Board public 147
hearing on the proposed development application. 148
(10)Findings.The ERPB shall determine approval or disapproval of the proposed 149
designed plans. The Board shall prepare a written determination in order to state the 150
intent of its decision. The Board’s recommendations shall be memorialized in the 151
building permit comments for the project. 152
(11)Historic Preservation Board Review.Construction of a two-story home or a second 153
story additions or alterations to existing homes in the City's Historic District shall 154
be reviewed by the Historic Preservation Board and ERPB. The Historic 155
Preservation Board shall review the application for consistency with the City's 156
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EXHIBIT B
Page 5 of 37
historic preservation guidelines, requirements set forth in this section, and the 157
standards for the issuance of a Certificate of Appropriateness set forth in the Land 158
Development Code. The Board shall also determine compatibility with the 159
guidelines in the specific Historic Designation Report. The Historic Preservation 160
Board recommendations shall be submitted to the ERPB for consideration. The 161
ERPB shall give consideration to the findings of the Historic Preservation Board as 162
part of its review for the purpose of determining consistency with the requirements 163
set forth in this section. 164
165
***166
20-3.6 Supplemental regulations.167
(O)RO Restrictions.168
(1) In addition to all other requirements, a continuous visual buffer shall be provided 169
whenever an RO use abuts or faces directly (within fifty (50) feet) a property zoned for 170
single-family residential purposes. To accomplish this, the normally required perimeter 171
landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees 172
from Table 20-3.6(O)(5) shall be planted according to the spacing listed. These trees 173
shall be a minimum of ten (10) to twelve (12) feet tall immediately after planting. 174
(2) No structure shall be constructed or altered to produce a store front, display window, or 175
any other feature that would detract from residential character except that, in areas for176
where RO zoned property abuts the MetroRail right-of-way, it shall be left to the 177
discretion of the environmental review and preservation board as to whether strict 178
compliance shall be necessary on that side abutting the MetroRail right-of-way, 179
providing that all other sides are residential in character. 180
***181
(5) Table 20-3.6 (O)(5). 182
Tree Species* and Required Spacing for Continuous Visual Buffer183
Required Spacing
Aralia (Polyscias balforiana) 3′
Beauty Leaf (Callophyllum antillianum) 10′
Buttonwood (Conocarpus erectus) 5′
Carrotwood (Cupaniopsis spp.) 10′
Madagascar Olive (Noronhia emarginata) 10′
Pink Trumpet Tree (Tabebuia pallida) 10′
Spicewood (Calyptranthes pallen) 10′
Vitex (Vitex gnus castus) 10′
Wax Myrtle (Myrica cerifera) 10′
Yew (Podocarpus spp.) 10′
184
* Or substitute to be approved recommended by the Environmental Review and 185
Preservation Board Design Review Advisory Board.186
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EXHIBIT B
Page 6 of 37
***187
(Q)Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning 188
Equipment, and Other Mechanical Equipment.189
(1) Air-cooled condensing and/or compressor equipment, water cooling towers, and any 190
other similar mechanical or service equipment or apparatus installed or replaced on the 191
roof of any building erected shall be screened from view by a parapet wall or such other 192
screening device as shall be approved by the environmental review and preservation 193
board. Planning Director, provided Ssuch screening shall be constructed so as to conceal 194
the equipment visible in elevation. The requirement of approval by the environmental 195
review and preservation board shall not apply to replacement equipment if existing 196
screening is in place and found sufficient by the Planning Director. 197
(2) Air-cooled condensing (excluding window and wall units), and/or compressor 198
equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool 199
equipment, and any other similar mechanical or service equipment or apparatus installed 200
or replaced on the ground or on a building (other than on its roof) shall be screened from 201
view, at ground level outside the subject property, by the use of landscaping or such 202
other screening device as shall be approved by the environmental review and 203
preservation boardPlanning Director.The requirement of approval by the environmental 204
review and preservation board shall not apply to replacement equipment if existing 205
screening is in place and found sufficient by the Planning Director. 206
***207
ARTICLE IV. - OTHER REGULATIONS208
209
***210
20-4.3 Sign regulations.211
***212
(H)Permitted Sign Schedule.213
(1) Signs shall be permitted in the various zoning districts in accordance with the following 214
schedule. 215
(2) Whenever a business is an existing non-conforming use; such an establishment shall be 216
permitted to erect signage as if the business were located where the use is permitted. 217
(3) LANDSCAPE and PROJECTING SIGNS must be reviewed by the Environmental 218
Review and Preservation Board Design Review Advisory Board (DRAB). Required 219
submittals shall be per Section 20-4.3(J). 220
(4) ADDITIONAL SIGNS as described under Section 20-4.3(L) may be permitted upon the 221
approval of the Environmental Review and Preservation Board DRAB.222
(5) ALL SIGNS to be permanently erected, constructed, posted, painted, altered or relocated 223
on a designated historic structure or a "contributive" building must be reviewed by the 224
Historic Preservation Board prior to the issuance of a building permit for such signage. 225
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(I)[Zoning Districts.]226
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(5)All Other Zoning Districts.228
Sign Type Conditions
229
***230
LANDSCAPE One low-profile landscape sign may be
permitted per project when approved by the
Environmental Review and Preservation
Board DRAB; the landscape sign shall be a
detached, low-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.
***231
232
FREE STANDING MENU BOARD 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 menu board sign may exceed
the maximum allowable square 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 acceptable to
the city's ERPB DRAB be provided up to the
height of the sign. Direct illumination is
permitted. Sign may be detached.
233
***234
PROJECTING SIGN One (1) PROJECTING SIGN is permitted as a
replacement for any permitted FLAT SIGN;
signage area must be same as FLAT SIGN,
when approved by the Environmental Review
and Preservation Board DRAB.
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Page 8 of 37
235
(6) Properties along South Dixie Highway and along Bird Road (SW 40 Street) may have 236
additional signage as follows: 237
Sign Type Conditions
DETACHED SIGNAGE (a) A minimum street frontage of one hundred
(100) linear feet for one pole sign is required;
an additional pole sign shall be permitted on
property with three hundred (300) linear feet
of street frontage or greater on property under
single ownership; (b) direct illumination
permitted; (c) each permitted sign shall not
exceed thirty-five (35) square feet in area nor
twelve (12) feet in height from grade; and (e)
signs shall not extend into public rights-of-
way.
MURALS One (1) MURAL SIGN is permitted per
licensed premises where text and logos are
limited to 30% of a single facade which is
facing or is primarily visible from South Dixie
Highway; graphics, including texts and logos,
are limited to 40% 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).
238
***239
(L)Additional Signage.Other types of signs, not expressly permitted by regulations stated in 240
Section 20-4.3(I), may be approved by the Environmental Review and Preservation Board 241
(ERPB) DRAB when the following conditions are met: 242
(1) That the proposed sign is not prohibited by Section 20-4.3(E); 243
(2) That the proposed sign conforms to the Florida Building Code and other code 244
regulations, as applicable; 245
(3) That the proposed additional sign on the building does not occupy more than 30% of the 246
facade on which it is proposed to be installed or more than 20% of any window area; and 247
(4) Detached signs may be permitted on any commercial property with the approval of the 248
Environmental Review and Preservation Board DRAB, including detached signs that 249
exceed the permitted location and height standards set forth in Section 20-4.3(I).250
251
***252
20-4.5 Landscaping and tree protection requirements for all zoning districts.253
***254
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Page 9 of 37
255
D.Landscaping Requirements — Applicability.Section 20-4.5 shall apply to all public and 256
private development when a building permit is required, except for the following: 257
(1) Bona fide agricultural activities: Any property receiving an agricultural classification 258
and assessment pursuant to Section 193.461 of the Florida Statutes, substantiated by a259
plan submitted indicating the area with the agricultural classification. 260
(2) The requirements of Section 20-4.5.1(O) shall not apply to existing attached and 261
detached single-family and duplex dwellings. 262
(3) Parking lot buffers will not be required if they cause the elimination of any required 263
parking pursuant to this code. 264
(4) Routine maintenance such as re-roofing and painting shall not be considered external 265
alterations for Section 20-4.5 requirements; however, re-roofing and painting is 266
considered an external alteration under other provisions of this Code and may require 267
the approval of the ERPB and/or a permit. 268
***269
I.Certificate of Compliance — Required Adjustment to Requirements Permitted.270
***271
(7) The Environmental Review & Preservation Board [ERPB] During its review of a site 272
plan, the DRAB may recommend to the City Commission adjustment to the 273
requirements of Sections 20-4.5(FE) and (EF), and Section 20-4.5.1(QO); under the 274
following procedures: which the city commission may act upon as part of its final 275
approval without the need for a variance.276
(a) The ERPB, on receipt of application for adjustment of landscaping requirements,277
shall have the authority and duty to consider and act upon such application. The 278
application shall be filed by the owner or tenant of the property concerned, or by 279
authorized agents as evidenced by written power of attorney, on forms prescribed 280
by the Planning Department and accompanied by the ERPB application fee. 281
(b) In the application, the applicant shall state clearly and in detail what adjustment of 282
landscaping requirements are being requested and the reasons such adjustments are 283
warranted, and shall accompany the application with supplementary data, such as 284
sketches, surveys and statistical information to substantiate the adjustment. 285
(c) The ERPB may approve, modify or deny the requested adjustment, but shall 286
approve or modify such request only if it determines that approval of any 287
adjustment would not be contrary to the public interest and would be in keeping 288
with and would preserve the intent of Section 20-4.5, and Section 20-4.5.1289
(d) Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. 290
shall follow the regulations set forth in Section 20-6.2. 291
***292
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Page 10 of 37
20-4.6 Environmental review standards Reserved.293
The following standards shall be utilized by the environmental review and preservation board 294
in their review and evaluation of all site and landscape plans as required by this Code. 295
(A)Natural Environment.296
(1) Proposed development shall be designed in such a manner so as to preserve and protect 297
existing environmentally-sensitive lands and natural resources, such as and including 298
soils, ground water, surface water, shorelines, vegetative communities, fisheries and 299
wildlife habitats. 300
(2) Natural landscaping shall be retained, insofar as is practical, and additional landscaping 301
shall be added, if necessary, to improve the overall visual quality of the proposed 302
development. 303
(B)Buildings and Other Structures.Proposed structures shall be related harmoniously to the 304
natural terrain, existing buildings and surrounding neighborhood. 305
(C)Circulation and Parking.306
(1) With respect to vehicular and pedestrian circulation, special attention shall be given to 307
the location and number of access points, general interior circulation, separation of 308
pedestrian and vehicular traffic and arrangement of parking areas. 309
(2) Such areas shall be safe and convenient and not detract from the design of proposed 310
buildings and neighboring properties. 311
(D)Storage.312
(1) Exposed storage utility areas, utility buildings and structures and similar accessory areas 313
and structures shall be subject to such placements, screen plantings or other screening 314
methods as shall be required to prevent their being incongruous with existing or 315
contemplated environment or surrounding properties.316
317
318
ARTICLE V. – PROCEDURES AND APPLICATIONS319
***320
20-5.2 Multiple reviews Development Review Process.321
(A)Reviews Generally. Projects may require completion of various separate but related 322
procedures in order to secure final approval. Compliance with all applicable procedural and 323
application requirements set forth in this article is required for the following types of applications: 324
(1) Rezoning and Text Amendments 325
(2) Special Uses 326
(3) Variances 327
(4) Home Occupational Licenses 328
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(5) Site Plan Reviews 329
(6) Planned Unit Developments 330
(7) Building Permits 331
(8) Certificates of Occupancy 332
(9) Certificates of Use 333
(10) Sign Permits 334
(11) Historic Designations 335
(12) Demolition of Designated Sites 336
(13) Minimum Housing Conditions 337
(14) Off-site Parking 338
(15) Special Exceptions339
340
(B) Review Process for Certain Applications. The following procedures shall apply for the 341
following applications:342
(1) Rezoning. Rezoning applications shall be reviewed by the Planning Board which shall 343
make a recommendation to the City Commission for final action as set forth in this Code and State 344
law.345
(2) Special Uses, Variances, Special Exceptions, and any other discretionary approval 346
requiring public hearing, except Initial Site Plan review in Downtown SoMi. The site plan for any 347
special uses, variances, special exceptions, and any other discretionary approval, except Initial Site 348
Plan review in Downtown SoMi, shall first be reviewed by the DRAB in accordance with Section 349
20-5.11, which shall make a recommendation to the Planning Board and City Commission. The 350
Planning Board and City Commission shall review the application in accordance with Section 20-351
5.5.352
(3) Site Plans. Site plans that do not require other discretionary approvals shall be reviewed 353
in accordance with Section 20-5.11.354
***355
356
20-5.5 Applications requiring public hearings.357
***358
359
(D)Planning Board Staff Report.A staff report shall be prepared by the Planning and Zoning 360
Department prior to the scheduled Planning Board public hearing which includes (i) DRAB’s 361
recommendation, (ii) its findings of fact relating to the application, and (iii) a statement as to 362
the compliance of the application with this Code.363
***364
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(F)City Commission Staff Report.After the Planning Board public hearing, the Planning and 365
Zoning Department shall prepare a revised staff report for the City Commission which 366
incorporates DRAB’s recommendations, the Board's recommendation, minutes of the public 367
hearing and any adjustments or changes to its initial report that it deems appropriate as a result 368
of testimony presented during the Planning Board public hearing. 369
370
***371
372
20-5.7 Rezoning and text amendments.373
***374
(B)City Initiated Applications.An application for a rezoning or text amendment may be initiated 375
by the city commission, or alternatively, may be recommended to the city commission by the376
planning board, environmental review and preservation board design review advisory board,377
or city administration. A text amendment shall be discussed by the city commission prior to 378
an ordinance being placed on a Planning Board agenda.379
***380
20-5.11 Site plan review approvals.381
(A)Applicability.Site plans shall not require a public hearing but shall be submitted for review 382
and approval by the environmental review and preservation board Design Review Advisory383
Board (DRAB) prior to the issuance of a permit for: 384
(1) Any new building or other structure which is visible from any public or private street; 385
and 386
(2) Any material alterations to an existing building or other structure which is visible from 387
any public or private street. 388
(B)Design Review of Single-Family Site Plan.All site plans for new single-family development 389
shall be reviewed by the DRAB following staff review for confirmation that the proposal 390
meets zoning requirements. The design review must be based on sound and clearly articulated 391
design principles, subject to the criteria in this Section. The DRAB shall review and make 392
comments within sixty (60) days of the application’s placement on DRAB agenda. All 393
comments shall be transmitted to the Planning Director, who shall be authorized to act on a 394
building permit without final need for further DRAB review. The DRAB’s recommendations 395
shall be memorialized in the building permit comments for the project. The written 396
determination shall be filed with the Planning and Zoning Department for inclusion in the 397
project record.398
(C)Design Review of Development Other Than Single-Family. The DRAB shall review all site 399
plans for development other than single-family pursuant to this section:400
(1) If the proposed development does not require a variance, special exception, or other 401
discretionary approval, the DRAB shall review and approve, approve with conditions, 402
or deny, within 60 days of the application’s placement on a DRAB agenda following 403
staff review for confirmation that the proposal meets zoning requirements. Upon the 404
lapse of 60 days, any comments will be transmitted to the Planning Director who shall 405
19
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be authorized to act on a building permit without need for DRAB approval. 406
Notwithstanding the above, administrative site plan applications in Downtown SoMi 407
shall only be presented to the DRAB for recommendation at the option of the Planning 408
Director. 409
(2) If an application requires a variance, special exception, or other discretionary approval, 410
the DRAB shall review and make recommendations to the Planning Board and City 411
Commission on the site plan proposed as part of the application within 60 days of the 412
application’s placement on a DRAB agenda following staff review for confirmation that 413
the proposal, but for the requested approval, meets zoning requirements. 414
Notwithstanding the above, development in Downtown SoMi shall be processed as set 415
forth in Sec. 20-12.3 of this Code.416
(D)Standards and Guidelines for All Development.417
(1) The DRAB shall consider and apply the following as part of its review:418
(i)Scale, color, texture, appropriateness, and aesthetic quality of all proposed 419
buildings and other structures; 420
(ii) Quantity, quality and arrangement of all proposed landscaping and open space 421
features; 422
(iii) Overall compatibility of the proposed development with the existing and 423
desired character of the property and neighborhood in which located; and 424
(iv) The installation of sidewalks along all arterial roadways and compliance with 425
the City's sidewalk policies and requirements. 426
(v) Proposed development shall be designed in such a manner so as to preserve 427
and protect existing environmentally-sensitive lands and natural resources, 428
such as and including soils, ground water, surface water, shorelines, vegetative 429
communities, fisheries and wildlife habitats. 430
(vi) Natural landscaping shall be retained, insofar as is practical, and additional 431
landscaping shall be added, if necessary, to improve the overall visual quality 432
of the proposed development. 433
(vii) Buildings and Other Structures. Proposed structures shall be related 434
harmoniously to the natural terrain, existing buildings and surrounding 435
neighborhood. 436
(viii) With respect to vehicular and pedestrian circulation, special attention shall 437
be given to the location and number of access points, general interior438
circulation, separation of pedestrian and vehicular traffic and arrangement of 439
parking areas. 440
(ix) Such areas shall be safe and convenient and not detract from the design of 441
proposed buildings and neighboring properties. 442
(x) Exposed storage utility areas, utility buildings and structures and similar 443
accessory areas and structures shall be subject to such placements, screen 444
plantings or other screening methods as shall be required to prevent their being 445
20
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incongruous with existing or contemplated environment or surrounding 446
properties.447
(xi) Ensure that utilities are coordinated and location of other building, utility, or 448
public infrastructure that could adversely impact the right-of-way, or the 449
project’s integration with the right-of-way, are reviewed to safeguard the 450
relationship between the building and pedestrian realm.451
(2) Designs should use a mix of articulation, architectural elements and exterior finishes 452
reducing the perceived scale and bulk of buildings, including low to moderately 453
pitched roofs and recesses under roof creating indoor/outdoor living spaces (terraces). 454
In considering the design of the building, the DRAB shall consider and apply the 455
standards and guidelines in subparagraph (D)(1), and determine the adequacy of the 456
elements in the design concept including, but not limited to:457
Trim 458
Shutters 459
Awnings and canopies 460
Windows (Fenestration) 461
Doors 462
Texture of surface 463
Colors 464
Roofs (materials, color, slope and overhang) 465
Planters 466
Window boxes 467
Walls, height, location, materials, design 468
Height of building 469
Location of structure on site 470
Site circulation in regard to pedestrian travel, parking, services, grades and 471
landscaping 472
Location of exposed piping, conduits and rain water leaders 473
The impact on adjacent properties of continuous two story walls 474
All lighting (height, location and style) 475
(3) In applying the criteria, the DRAB shall considerthe height, scale, massing, separation 476
between buildings, and style in regard to how buildings and structures relate to each 477
other within a specified area, allowing for differences in height, scale, massing, and 478
separation between buildings and style, when such differences contribute to the 479
overall harmony and character of the area. The DRABshall not take into consideration 480
existing buildings and structure that are out of context with the area when considering 481
whether a new building or structure or a substantial addition to an existing building or 482
21
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structure is in context with both sides of the street on the block where it is located and 483
surrounding properties.484
(4)Historic Preservation Board Review.Development in the City's Historic District or 485
on a historically designated site shall be reviewed by the Historic Preservation Board 486
and the Design Review Advisory Board prior to design review in accordance with the 487
regulations set forth in this section. The Historic Preservation Board shall review the 488
application for consistency with the City's historic preservation guidelines, 489
requirements set forth in this section, and the standards for the issuance of a Certificate 490
of Appropriateness set forth in the Land Development Code. The Board shall also 491
determine compatibility with the guidelines in the specific Historic Designation 492
Report. 493
(5)Late Stage Site Coordination Review. For all development exceeding 40,000 square 494
feet of floor area, Planning staff shall present to the DRB for review each permit 495
package prior to building permit issuance to ensure that from conceptual design to 496
construction documents, utility coordination and location of other building, utility, or 497
public infrastructure that could adversely impact the right-of-way, or the project’s 498
integration with the right-of-way, are reviewed to safeguard the relationship between 499
the building and pedestrian realm. The DRB shall make recommendations to 500
Planning staff within thirty (30) days of presentation of plans, and Planning shall 501
condition the building permit as necessary based on such recommendations.502
(B)Standards and Guidelines.The environmental review and preservation board shall review the 503
following aspects of all site plans: 504
(1) Scale, color, texture and appropriateness of all proposed buildings and other structures; 505
(2) Quantity, quality and arrangement of all proposed landscaping and open space features; 506
(3) Overall compatibility of the proposed development with the existing and desired 507
character of the property and neighborhood in which located; and 508
(4) The installation of sidewalks along all arterial roadways and compliance with the city's 509
sidewalk policies and requirements.510
(C)Review and Approval.511
(1) The environmental review and preservation board shall review the proposed site plan at 512
its first regularly scheduled meeting following proper filing of such material. 513
(2) All approved site plans shall bear an official city stamp and the signature of the board 514
chairman presiding at the meeting when such plans were approved. 515
(3) If a site plan is denied or modifications are recommended, the board shall, if possible, 516
make specific findings as to the reasons for such denial or modifications, and recommend 517
appropriate changes to the applicant. 518
(DE)Review Exceptions.Notwithstanding any other regulations of this Code, the DRAB519
Environmental Review and Preservation Board shall not review any additions or alterations 520
to single-family residential dwellings, except for the installation of sidewalks along all arterial 521
roadways and compliance with the City's sidewalk policies and requirements. The522
Environmental Review and Preservation Board shall not review Initial Site Plans within the 523
22
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Downtown SoMi (DS) District nor any Major or Minor Changes made to approved Initial 524
Site Plans within the DS District. 525
(EF)General Application Requirements.526
(1) General Requirements527
a.Plans and supporting data as specified in this section and applications maintained 528
by the Planning and Zoning Department shall be submitted with each application. 529
(2) Preliminary plans may be submitted for environmental review and preservation board 530
review prior to final plan submittal. 531
(3) Final plans must be submitted prior to a decision of the environmental review and 532
preservation board. 533
(4) b.Required information shall include the title of the project, name of developer, name 534
of planner, architect, engineer, north arrow, date, scale and legal description of the 535
property. 536
(5) c.The architectural plans for construction of new buildings must be signed and sealed 537
by a Florida registered architect, and all landscape plans shall be signed a Florida 538
registered landscape architect. 539
(F) (2)Existing Site Characteristics.Information shall be shown reflecting the following existing 540
features of the subject property: 541
(1) a.Property survey by registered surveyor; 542
(2) b.Rights-of-way and easements; 543
(3) c.Structures and uses; 544
(4) d.Photographs of surrounding properties; and 545
(5) e.Zoning districts. 546
(G)Existing Tree Survey.547
(1) Except for applications involving single-family dwellings, a tree survey shall be 548
submitted with each site plan approval application. 549
(2) The survey shall give the location, size and specie of all existing trees with more than a 550
three (3) inch DBH caliper trunk size and shall be signed and sealed by a registered 551
surveyor. 552
(H) (3)Proposed Site Plan.The following information, indicating the proposed character of the 553
developed property, shall be submitted. 554
(1) a.Name, address and phone of owner and designer; 555
(2) b.Property lines; 556
(3) c.Rights-of-way and easements; 557
(4) d.Structures and uses; 558
(5) e.Parking spaces, accessways, driveways, sidewalks, wheel stops and curbs; 559
23
Page 17 of 37
(6) f. Curb cuts and median openings; 560
(7) g. Lighting and irrigation systems; 561
(8) h. Fences and walls; 562
(9) i. Storm sewers; and 563
(10) j. Dumpster locations.564
k. Locations of all utilities, and building infrastructure including fire rooms, Siamese 565
connections.566
l. Any additional information required by the Planning Director.567
(I) (4)Proposed Landscape Plan.In addition to the requirements of Sec. 20-4.5 and 20-4.5.1,568
The following landscaping information shall be submitted: 569
(1) a. Proposed trees, shrubs, grass and other vegetation including their location, height, 570
shape, size and type by both common and botanical classifications. 571
(2) b. Proposed berms, water courses and topographic features, including their location, 572
height, size and shape. 573
(J) (5)Proposed Buildings and Structures.All proposed structures, fences and walls shall be 574
shown in elevation drawing reflecting their location, size, color, height and construction 575
material. 576
(K) (6)Tabular Summary.A tabular summary, as required by the building and zoning department, 577
shall be submitted. 578
(7) Neighborhood Analysis. The applicant shall provide a comprehensive neighborhood579
analysis consisting of photos of the site, a statement explaining how its consistent with the 580
architectural style of its surrounding, and photos of all abutting properties on both sides of 581
street.582
(LG)Expiration.Final approval by ERPB shall lapse after six (6) months if no permit is applied 583
for. Where DRAB has the authority to approve or deny, an approval by DRAB shall expire if 584
a building permit for building foundation or vertical construction is not obtained within one 585
(1) year of approval.586
(H) Required Affirmation from Applicant. All applications shall include a signed statement that 587
states that the applicant understands that approval of an application does not waive zoning 588
requirements, including as to matters that may have been shown on the plans where 589
noncompliance was not discovered in the process of review.590
***591
20-5.12 Planned unit development approvals.592
(A)Review Procedures.Upon receipt of a complete application for the approval of a planned unit 593
development, the building and zoning department shall review the application and submit its 594
findings and recommendations to the environmental review and preservation board Design 595
Review Advisory Board (DRAB) within thirty (30) calendar days from receipt of the 596
application. All procedures and requirements specified below shall apply to applications for 597
planned unit developments. 598
24
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(B)Environmental Review and Preservation Board Review DRAB Review.599
(1) The board DRAB shall, within thirty (30) calendar days following receipt of the 600
complete application and staff recommendations, formally meet and consider the 601
preliminary development concept plan for the proposed planned unit development. 602
(2) Prior to such meeting, the board may meet with the applicant to review the request at a 603
special meeting. 604
(a) Three (3) working days' notice of such meeting shall be given by posting notice at 605
City Hall. 606
(b) The board, at the chairman's discretion, may consider questions from the public. 607
(3) Preliminary development concept plan review may occur only at a special or regular 608
board meeting, subject to three (3) working days notice. 609
(4) The environmental review and preservation board DRAB shall make a recommendation 610
on the application at least seven (7) calendar days prior to the date of the scheduled 611
planning board public hearing. 612
***613
(F)Changes in Final Plans and Reports.614
(1)Major Changes.615
***616
(c) Upon acceptance, the application shall be further considered at another preliminary 617
conference with members of the environmental review and preservation board618
DRAB, a representative from the department and the applicant. 619
(d) The application shall then be completed and submitted to the environmental review 620
and preservation board DRAB for consideration. The environmental review and 621
preservation board DRAB shall submit recommendations for approval, approval 622
with conditions or denial to the planning board within seven (7) calendar days of 623
its review. 624
***625
(f) If the application is approved by the city commission, it shall be submitted to the 626
environmental review and preservation board for final aesthetic approval. 627
(2)Minor Changes.628
***629
(c) A fifteen (15) day waiting period shall apply for all minor changes. The city 630
manager’s decision shall become effective fifteen (15) days after transmittal to the 631
city commission. 632
***633
20-5.13 Building permit approvals.634
(A)General Provisions.635
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(1) No person shall erect, construct, reconstruct, excavate for a foundation, alter or change 636
the use of any structure or improvements of land except in conformity with this Code 637
and upon issuance of a building permit indicating what is to be allowed. 638
(2) No construction material and equipment shall be placed on any premises, lot or proposed 639
building site prior to building permit issuance. 640
(3) A building permit shall not be required for any construction, repair or work in single-641
family residential districts, provided that: 642
(a) No inspection is required by the city; 643
(b) No approval is required by the ERPB; and 644
(c) All other zoning requirements are followed. 645
(43) Regulation enactment or amendment. 646
(a) No building permit, lawfully issued prior to the effective date of this Code or any 647
amendment thereto and in full force and effect at said date, shall be invalidated by 648
passage of this Code or any such amendment. 649
(b) Such permit shall be valid, subject only to the following: 650
i.Building permit provisions; 651
ii.Applicable codes, ordinances, rules and regulations in effect at the time the 652
permit was issued; and 653
iii. Expiration of the permit is not less than sixty (60) days from the effective date 654
of this Code, unless actual construction has begun and continued pursuant to 655
permit terms. 656
(B)Procedures.Building permits and applications shall be regulated by the Florida Building 657
Code, as amended, and procedures of the Building Department.658
(1) Application for a building permit shall be made to the building and zoning department. 659
(2) Two (2) sets of plans shall be submitted. One set shall be returned to the applicant either 660
as approved or disapproved and the other shall be retained by the city. 661
(C)Expiration of Building Permit.662
(1) If work authorized by any building permit has not begun within six (6) months from the 663
date of issuance, said permit shall be considered null and void and a new permit, 664
consistent with all provisions of this Code, shall be required. Construction shall be 665
deemed to have begun at the time of completion of the foundation. 666
(2) If work authorized by any building permit has not been substantially completed within 667
two (2) years from the date of issuance, said permit shall be considered null and void 668
and a new permit, consistent with all provisions of this Code, shall be required. 669
(D)Application Requirements.670
(1) All applications for a building permit shall contain those plans, specifications and 671
information as required by the Florida Building Code. 672
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Page 20 of 37
(2) All applications for a nonresidential development of five thousand (5,000) square feet or 673
more in area which is required to go before the Environmental Review and Preservation 674
Board at a public hearing for a recommendation to the Planning Department shall also 675
submit a scale model of the proposed development. The model shall be at a scale of not 676
less than one inch equal to twenty feet (1″ = 20′) and at least reflect the following 677
structural and site characteristics: 678
(a) Facade colors, 679
(b) Facade textures, 680
(c) Parking facilities, and 681
(d) Landscaping. 682
(3) Such scale model shall remain on display in the City Hall throughout the entire 683
application process or for such time as the city may desire. 684
***685
686
20-5.23 Satellite antenna procedures.687
(A)Satellite Earth Station Antennas.Except where exempt from local regulation under State law,688
That plans of satellite earth station antennas shall be submitted with each application for a 689
building permit, which shall include a site plan indicating the height, diameter, color, location, 690
setbacks, foundation details, landscaping and screening, and that such plans shall be subject 691
to approval by the ERPB Planning Director and that such antennas shall be subject to the 692
following standards: 693
(1)Location:694
***695
(b) In all other districts, roof-mounted antennas shall be permitted, provided, however, 696
that such antennas shall be screened from ground view by a parapet or some other 697
type masonry wall or screening. The minimum height and design of such parapet, 698
wall or screening shall be subject to approval by the ERPB Planning Director. 699
***700
(2)Landscaping:701
(a) Ground mounted antennas shall be screened by landscaping from view from the 702
street and adjacent property owners so that such antennas are not visible between 703
ground level and eleven (11) feet above ground level as shall be approved by the 704
ERPB Planning Director.705
***706
(8)Number Permitted:Only one (1) satellite antenna shall be permitted for each principal 707
building. Roof top antennas of three (3) feet or under shall not be limited, but they shall 708
be screened from view with screening approved by the Planning Director environmental 709
review and preservation board. 710
***711
712
27
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20-5.24.1 Administrative review of takings and vested rights claims.713
***714
(3)Invocation of Administrative Remedy.715
***716
(b) Any applicant alleging that the action of the City Commission, the Environmental 717
Review and Preservation Board (ERPB) or Historic Preservation Board (HPB) upon an 718
Application for a Development Permit would constitute a Taking or Abrogation must 719
file a complete Sworn Statement with the Director not later than forty-five (45) days 720
after the first hearing on the Development Resolution. The Sworn Statement must 721
demonstrate that a Taking or Abrogation has occurred. No oral testimony or written 722
reports or documents in support of any argument that the denial of the Developmental 723
Order would constitute a Taking or Abrogation will be considered as evidence at the 724
public hearing unless the complete Sworn Statement has been timely filed pursuant to 725
this paragraph; provided, however, that where an applicant has failed to timely file a 726
Sworn Statement pursuant to this paragraph, the City Commission, ERPB, HPB, or any 727
other board taking action on a Development Permit may defer the hearing on an 728
Application for a Developmental Resolution to avoid a manifest injustice and to provide 729
adequate time for review of the Sworn Statement by the City Attorney or, in the event 730
of an Application initiated by a party other than the property owner requesting the 731
Development Permit, to provide adequate time for the property owner to invoke the 732
administrative remedy and to adhere to the time schedules provided herein. 733
***734
ARTICLE VI. – ADMINISTRATION AND ENFORCEMENT735
736
***737
20-6.1 Administrative entities.738
(A)City Commission.739
***740
(2) Powers and Duties. 741
***742
(c) The City Commission shall receive recommendations from the Planning Board and 743
the Environmental Review and Preservation Design Review Advisory Board, and 744
shall be guided by such boards.745
***746
747
(3) Procedures. 748
***749
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750
(d) The City Commission may refer a matter back to the Planning Board or the 751
Environmental Review and Preservation Board for further consideration and 752
recommendation. 753
(B)Planning Board.754
***755
(3)Powers and Duties.756
(a) The Board shall have all such powers and duties as are granted and conferred by 757
state law and this Code. 758
(b) The Board shall have the authority to investigate and recommend to the City 759
Commission such changes in the boundaries of the various use districts, zoning 760
regulations, use of land and type of construction, locations and use of all structures 761
on any valid application submitted to it. 762
i.In arriving at its recommendations, the Board shall consider factors including, 763
but not limited to: neighborhood character, suitability of particular uses, 764
conservation of property values, the city's adopted Comprehensive Plan and 765
availability of adequate public facilities and services. 766
ii.The Board shall investigate and make recommendations to the City 767
Commission on matters affecting redevelopment, rehabilitation, conservation 768
and renewal progress toward the alleviation of slum and blight areas and such 769
other conditions as may injuriously affect the city. 770
(c) The Board shall review and make recommendations on all applications for a change 771
in zoning district boundaries. 772
(d) The Board shall periodically review and make recommendations relating to the 773
provisions of this Code, including the district map, and shall offer recommendations 774
to the City Commission as to the sufficiency thereof in implementing the City's 775
adopted Comprehensive Plan. 776
(e) Reserved. The Board shall have the power and the duty to hear and decide matters, 777
specifically prescribed by and in accordance with the terms of this Code.778
(f) The Board shall review and make recommendations relating to the determination 779
and continuance of nonconforming uses. 780
(g) The Board shall review and make recommendations on all applications for special 781
uses as permitted in this Code; such recommendations being made only after it has 782
been determined that all established special requirements have been met and that 783
the use will not create any incompatible relationships with other uses in the area in 784
which it is to be located. 785
(h) The Board shall review and make recommendations on all applications for 786
variances from the requirements of this Code for yard setbacks, lot size, lot 787
coverage, building height, fences and walls, impervious coverage, off-street 788
parking, open space, signs and landscaping. Recommendations for a variance shall 789
be made based upon the criteria set forth in Section 20-5.9(H). 790
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(i)The Board shall review and provide comments for the City Commission's 791
consideration regarding Initial Site Plans within the DS district pursuant to Section 792
20-12.13(A). The Board shall also review and make recommendations on Major 793
Changes to Initial Site Plans within the DS district pursuant to Section 20-12.14(A). 794
(j)The Board shall review and make recommendations on Master Signage Plans 795
within the DS district pursuant to Section 20-12.15(C). The Board shall also review 796
and make recommendations on sign permit applications not substantially 797
conforming with an approved Master Signage Plan pursuant to Section 20-798
12.15(D)(2)(b). 799
***800
(C)Environmental Review and Preservation Design Review Advisory Board (DRAB).801
(1) Establishment and Membership. 802
environmental review and preservation board is hereby created which consists of nine 803
(9) members who reside or work in the City, except as provided in paragraph ii and iii. 804
below. Two membership seats are reserved for two Florida registered landscape 805
architects and two membership seats are reserved for two Florida licensed architects.806
(b) The DRAB shall be comprised of seven (7) members who reside or work in the 807
city, except as provided in paragraphs (ii) and (iii) below:808
i.In accordance with the procedure set forth in City Charter, Article II, Section 809
8.A, each City Commissioner shall appoint one person to serve as a 810
representative on the Board and all members of the Board in excess of five (5) 811
shall be appointed by three (3) affirmative votes of the City Commission based 812
on nominations submitted by any City Commissioner, with at least five (5) of 813
the seven (7) members appointed from the following list of professionals:814
1. Florida-licensed general contractor or a construction management 815
professional with at least three (3) years of professional experience as a 816
construction project manager, construction superintendent or 817
construction estimator.818
2. Florida licensed PE or a civil, mechanical, electrical, chemical or819
environmental engineer with a baccalaureate degree in engineering and 820
three years of professional experience.821
3. Certified planner (AICP) or a planning professional with a graduate 822
degree in planning from a program accredited by the Planning 823
Accreditation Board with at least three years of professional planning 824
experience or a bachelor's degree in planning from a program, accredited 825
by the Planning Accreditation Board (PAB) with at least three years of 826
professional planning experience.827
4. Florida-licensed landscape architect with at least three (3) years of 828
professional experience.829
5. Registered interior designer with at least three (3) years of professional 830
experience.831
30
Page 24 of 37
6. Florida-licensed attorney with at least three (3) years of professional 832
experience.833
7. Florida-licensed architect.834
8. Education and/or experience in sustainability and resiliency, which may 835
include environmental science.836
9. Real estate developer with at least three years of professional experience, 837
either as the principal or executive.838
10. Active Florida-licensed real estate broker or realtor with at least three 839
years of professional experience.840
ii. Additionally, an appointee from Fairchild Botanical Garden may serve as an ex-841
oficio non-voting member of the board provided the appointment is confirmed 842
by the city commission. The residency requirement shall not apply to such 843
member.844
ii.Board membership should include at least one (1) registered landscape 845
architect licensed to practice in the State of Florida. If it is determined by the 846
City Commission that the position of landscape architect cannot be filled by a 847
qualified individual who resides or works in the City, the residency 848
requirement may be waived by the Commission and the position of landscape 849
architect may be filled by a qualified individual who does not reside or work 850
in the City. 851
iii. Board membership should include two (2), but no more than four (4), 852
architects licensed to practice in the State of Florida. If it is determined by the 853
City Commission that the position of architect a position cannot be filled by a 854
qualified individual who resides or works in the City, the residency 855
requirement may be waived by the Commission and the position of architect856
may be filled by a qualified individual who does not reside or work in the City.857
iiiv. Members of the environmental review and preservation board may not work 858
for the City or be employed by any company that has contracts with the City.859
v.Members shall serve for a term of two (2) years or until a successor is 860
appointed and may be reappointed at the end of their term. 861
(b) Any member of the board shall be automatically removed for missing five (5) three 862
(3) regular meetings in a row, or nine (9) six (6) meetings in a twelve-month period. 863
i.The Planning and Zoning Director shall keep a record of meetings missed. 864
ii.The Planning and Zoning Director shall advise the City Commission and the 865
member being removed that such member has been automatically removed. 866
(2)Organization.867
(a) Meetings. 868
i.The Board shall hold two (2) one (1) regular meetings each month, on the first 869
andthird Tuesday of each month unless it is a holiday or election day, in which 870
31
Page 25 of 37
event it shall be rescheduled to a date when a quorum of the Board is available 871
to meet as soon thereafter as possible. 872
ii.Meetings shall not be held if no plans, specifications or items are submitted 873
for review. 874
iii. Agendas of all meetings shall be posted at City Hall not less than three (3) 875
working days prior to any meetings. 876
iv. The Planning and Zoning Department Director City Manager or designee may 877
call a special meeting if, in the Director's sole discretion, the Director 878
determines that such a meeting is necessary. 879
v.Two (2) or more members of the Board may hold a Sunshine meeting in the 880
same manner and under the same procedures as such meetings are scheduled 881
by the City Commission. 882
(b) Reserved. 883
(c) The board shall elect from its membership a chair and vice-chair for a one (1) year 884
non-successive term, respectively. 885
i.The chair shall normally preside at all meetings of the board. 886
ii.In the absence or recusal of the chair, the vice-chair shall preside. 887
(d) A temporary chair may be elected at any meeting when both the chair and vice-888
chair are absent or recused. 889
(3)Powers and Duties.890
(a) The board shall have all such powers and duties as are granted by this Code, 891
including specifically the review, comment, recommendation and determination 892
powers set forth in Section 20-5.2, Section 20-5.5, and Section 20-5.11.893
(b) Except within the DS district, the board shall review and recommend approval, 894
disapproval or modification on all site plans, projects and specifications as required 895
under the Board's mandatory review pursuant to this Code. 896
(c) Except within the DS district, the board shall review the scale, color, texture and 897
appropriateness of all proposed buildings, additions, and other structures; the 898
quantity, quality and arrangement of all proposed landscaping and open space 899
features; and the overall compatibility of the proposed development with the 900
existing character of the neighborhood. 901
(d) The board shall have the power and the duty to hear and decide matters, specifically 902
prescribed by and in accordance with the terms of this Code. 903
(e) The board shall conduct any other function which may be designated or assigned 904
by act of the City Commission. 905
(f) Notwithstanding any other provisions of this Code, the Environmental Review and 906
Preservation Board shall not review any additions or alterations to single-family 907
dwellings, unless in the opinion of the Planning and Zoning Director it would 908
significantly affect the character of the residence. 909
32
Page 26 of 37
(g) Notwithstanding any other provisions of this Code, the Environmental Review and 910
Preservation Board (ERPB) shall review all new construction, painting, 911
remodeling, landscaping and signage projects to be performed by this municipal 912
government (the City), prior to any permits being issued or any work being 913
performed. 914
(h) The Environmental Review and Preservation Board shall not review Initial Site 915
Plans within the DS district nor any Minor Changes made to approved Initial Site 916
Plans within the DS district. Any Major Changes to the Site Plan will be subject to 917
ERPB review with City Commission acting to grant final agency approval. 918
(4)Procedures.919
(a) Quorum and voting. 920
i.A quorum shall be three (3) four (4) members. 921
ii.An affirmative vote of a majority of the members present in person or who are 922
attending from a remote location using Communication Media Technology 923
(CMT) shall be required to pass upon any matter on which the Board is 924
required to act under this Code. 925
(b) The board shall keep a permanent record of all proceedings before it. 926
(c) Meetings of the board shall be public and notification of such meetings shall be 927
given in accordance with Code provisions. If any scheduled meeting is not held 928
(whether for lack of quorum or otherwise), then all applications scheduled for such 929
meeting shall be heard and decided by the Planning and Zoning Director of the 930
Building, Zoning, and Community Development Department (or the director's 931
designee) no later than the end of the next business day after the scheduled meeting 932
was to have been held. The director's decision, if for approval, shall constitute 933
ERPB DRAB approval. The seven-day appeal period begins the day after the 934
director's decision.935
(d) All approved plans and specifications shall bear the official signature of the chair 936
presiding at the meeting at which such plans and specifications are approved. 937
(e) If a set of plans is denied, or modification is recommended, the board shall, to the 938
greatest extent possible, make specific findings as to the reasons for denial and 939
modification, and recommend appropriate changes, if possible. 940
(f) Financial interest. 941
i.Any member of the board who has a special financial interest, direct or 942
indirect, in any matter before the board shall make that interest known and 943
shall abstain from participation therein in any manner. 944
ii.Willful failure to disclose such financial interest shall constitute malfeasance 945
in office and shall render the action voidable by the City Commission. 946
(g) The person in charge of the meeting may make motions and vote on all motions 947
made by any member of the Board. 948
***949
33
Page 27 of 37
20-6.2 Appeals and Review.950
(A)Appealable Decisions:All decisions of any Board having authority to make a final decision 951
on an application ("Appealable Decisions") must be in writing, delivered to the applicant 952
and they are subject to review by appeal to the City Commission. Where DRAB has the 953
authority to make a final decision, such decision shall be provided in writing to the 954
applicant or any substantially affected party, and the decision may be appealed by filing a 955
written notice of appeal within thirty (30) days of the decision and payment of applicable 956
fees for a public hearing application. The city commission shall review the application de 957
novo.958
***959
(5) Appellate Costs: The person who files an appeal, shall pay the applicable appellate 960
filing fee as set forth in the City's Fee Schedule. The appellant (which term shall 961
include the person who files an appeal and the City if the review is instituted by 962
resolution), shall pay the cost of transcribing the testimony and statements made at the 963
pertinent ERPB meeting. The person, including the City, if deemed to be the prevailing 964
party on the most significant appellate issues, shall be reimbursed the appellate costs, 965
including the cost of the transcript, by the non-prevailing party or parties. If there is 966
more than one (1) non-prevailing party, the costs shall be shared equally between or 967
among them. 968
***969
970
ARTICLE VII. – HOMETOWN DISTRICT OVERLAY ORDINANCE971
***972
20-7.3 Review procedure.973
***974
(D)Review.A complete ADP shall be reviewed by the Director. If the ADP is determined to be 975
in conformance with the Hometown District Standards, the application shall be processed 976
for approval pursuant to the applicable provisions of the Code and the development permit 977
issued by the director without further review by the planning board, ERPB DRAB or the 978
city commission. 979
***980
(F)ADP Not Conforming to HD Architectural Standards.ADPs not conforming to the 981
Architectural Standards shall be reviewed by the ERPB DRAB pursuant to the site plan982
review process established in Section 20-5.11 of the Code. 983
***984
34
Page 28 of 37
20-7.5 Definitions.985
Terms used throughout this article shall take their commonly accepted meaning unless 986
otherwise defined in the Code. When there are conflicts between the Code and this article, this 987
article shall control terms requiring interpretation specific to this article as follows: 988
DRAB: The design review advisory board, an appointed board of the City of South Miami 989
as set forth in Article VI, Section 20-6.1(C).990
ERPB:The environmental review and preservation board, an appointed board of the City of 991
South Miami.992
993
***994
20-7.14 Regulating plan—Special areas.995
Because of the irregular geometry of a few lots caused by the intersection of US1 with other 996
streets in the Hometown District, and other lot-configuration constraints, certain properties may 997
not be required to meet all of the provisions in the Basic Standards but may be subject to 998
customized regulatory conditions instead, at the discretion of the director of building, zoning and 999
community development. The customized regulatory conditions for each of the special areas are 1000
as follows: 1001
(A)Special Area #1:Maximum lot coverage and minimum open yard space requirements 1002
are waived for properties in this area. Building frontage requirements shall be observed 1003
for property lines facing both Red Road and US1. Design is subject to ERPB DRAB 1004
review approval. 1005
(B)Special Area #2:Maximum lot coverage and minimum open yard space requirements 1006
are waived for properties in this area. Buildings shall have two (2) front sides, meeting 1007
storefront design requirements. Building frontage requirements shall be observed for 1008
all frontages including US1, SW 58th Avenue, and SW 71st Street. Design is subject to 1009
ERPB DRAB review approval.1010
(C)Special Area #3:A gasoline/service station is a permitted use in this area, subject to 1011
ERPB DRAB review approval of the specific design. For any other use, building 1012
frontage requirements shall be observed for property lines facing both US1 and SW 1013
73rd Street. 1014
***1015
20-7.15 Architectural standards—Intent.1016
The architectural standards are pre-approved and are intended to provide a degree of 1017
predictability about the quality of building designs and to promote harmony among buildings 1018
without requiring an appearance before and approval by a review board for every project. 1019
Applicants with projects which conform to these standards may obtain approval from the 1020
departmental staff without appearing before ERPB DRAB. Appearance before ERPB DRAB1021
remains an optional route. Every permissible option is not described herein; other options may be 1022
approved by ERPB DRAB. 1023
35
Created: 2023-01-20 14:27:57 [EST]
(Supp. No. 25)
Page 29 of 37
Wherever these architectural standards may conflict with the City of South Miami Land 1024
Development Code, these architectural standards shall apply for properties within the Hometown 1025
District. 1026
The lists of permitted materials and configurations come from study of traditional buildings 1027
found in South Florida and have been selected for their appropriateness to the visual environment 1028
and climate. 1029
A primary goal of the architectural standards is authenticity. The standards encourage 1030
construction which is straightforward and functional, and which draws its ornament and variety 1031
from the traditional assembly of genuine materials. The standards generally discourage `imitation' 1032
materials, such as simulated wood, to avoid a tacky image for the neighborhood. 1033
***1034
1035
20-7.22 Architectural standards—Roofs and gutters.1036
(A)Materials.1037
Roofs: 1038
•Metal: 1039
• Galvanized 1040
• Copper 1041
• Aluminum 1042
• Zinc-Alum 1043
•Shingles: 1044
• Asphalt, Metal, or Fiberglass 1045
•Tiles: 1046
• Clay, including Terra Cotta 1047
• Concrete 1048
Gutters: 1049
•Copper 1050
•Painted or Vinyl Clad Aluminum 1051
•Painted Galvanized Steel 1052
(B)Configurations.1053
Roofs: 1054
•Metal: Standing Seam, 24″ maximum spacing 1055
•Shingles: Square, Rectangular, Fishscale, or Shield 1056
36
Page 30 of 37
•Tiles: Barrel, Spanish, French, or Flat 1057
Gutters: 1058
•Rectangular section 1059
•Square section 1060
•Half-round section 1061
(C)General Requirements.All runoff will be captured by gutters and routed with enclosed 1062
downspouts to an approved drainage area. 1063
Downspouts are to match gutters in material and finish. 1064
Any machinery as defined in Section 20-3.6(Q) of the Code shall be screened from view in a 1065
manner acceptable to the Planning Directorusing either one of the screening systems pre-approved 1066
by ERPB DRAB and pre-approved by the city commission, or a system specifically approved by 1067
ERPB DRAB for applicant's project. 1068
Permitted Roof Types: hipped, gabled, shed, barrel vaulted and domed. Flat roofs are permitted 1069
only where used as outdoor useable space. 1070
***1071
1072
20-7.24 Architectural standards—Colors.1073
The Color Palette list, maintained in the department of building, zoning and community 1074
development, identifies exterior paint/finish colors that are pre-approved for buildings in the 1075
Hometown District. Other colors may also be permissible with approval by ERPB DRAB. 1076
Departmental staff shall maintain a color chip chart or display illustrating the range of pre-1077
approved colors. Sherwin-Williams standard paint numbers are used on the Color Palette list for 1078
reference, but any manufacturer's paint is acceptable if similar in color. This list reflects the 1079
community's desires to encourage a range of colors for visual variety, to encourage light colors for 1080
energy savings, and colors appropriate for the subtropical environment. 1081
The following requirements apply: 1082
(A) Applicants may choose up to four colors for a single building (one (1) or two (2) body 1083
colors, one (1) or two (2) trim colors, and one (1) accent color; these may be the same 1084
or different). 1085
(B) Body colors are intended for building walls, garden walls and other primary building 1086
elements, and shall be used for no less than seventy (70) percent of the painted surface 1087
area of any one floor of the building. Recommended but not required: use of two (2) 1088
shades of body color— one above and one below an expression line between the first 1089
and second floors. 1090
(C) Trim colors are intended for door frames, storefront elements, windows and window 1091
frames, railings, shutters, ornament, fences and similar features. Trim colors shall be 1092
used for no more than thirty (30) percent of the painted surface area of the building. 1093
Recommended but not required: Trim colors usually appear best in a lighter shade than 1094
the body color. 1095
37
Page 31 of 37
(D) The accent color is used to highlight special features such as doors, shutters, gates, 1096
ornament, or storefront elements. The accent color shall be used for no more than twenty-1097
five (25) percent of the painted surface of the building. 1098
(The Color Palette list shall be established by the commission after ERPB DRAB1099
recommendation.) 1100
***1101
20-7.52 Procedure for special exception.1102
***1103
(C) The city manager shall have authority to require additional review and approval by the 1104
environmental review and preservation board DRAB for developments involving special 1105
exception, which review shall follow the procedure set forth in Section 20-5.11 of this 1106
Code. 1107
1108
***1109
1110
ARTICLE VIII. - TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD)1111
***1112
20-8.9 Large-scale development special exception.1113
***1114
1115
(B) A Large-scale Development is defined as the development of any building site that is more 1116
than forty thousand (40,000) square feet or any development, as defined in Section 380.04, 1117
Florida Statutes (hereinafter referred to as "Development"), that is in excess of four (4) 1118
stories. A Large-scale Development shall must be reviewed in accordance with Section 20-1119
5.2, 20-5.5 and 20-5.11 of the Land Deevelopment Code. by the Planning Board and it must 1120
be approved by the City Commission. The computation of the size of the Development to 1121
determine if it is a Large-scale Development includes the square footage of an alteration or 1122
addition to an existing site and the square footage of the existing site that is being altered or 1123
to which an addition is being proposed. 1124
(1) The Site Plan of all Large-scale Developments must be reviewed and approved by the 1125
Environment Review and Preservation Board ("ERPB") within one year of the City 1126
Commission's approval of the Large-scale Development Special Exception (the "Site 1127
Plan Review Initiation Period"). The City Manager or City Commission may extend 1128
the Site Plan Review Initiation Period for one additional year or for some other amount 1129
of time as appropriate under the circumstances. An application for extension of the Site 1130
Plan Review Initiation Period of a Large-scale Development Special Exception must 1131
be filed sixty (60) days prior to the expiration of the Site Plan Review Initiation Period. 1132
(21) A Large-scale Development Special Exception (Special Exception) is only valid for 1133
eighteen (18) months unless a greater period is approved by the from City Commission 1134
38
Page 32 of 37
during the approval process (the "Approval Term"). For purposes of calculating the 1135
Approval Term, the time period commences upon the date that a development order is 1136
rendered granting final Site Plan approval for the Large-scale Development by the 1137
ERPB or the Planning and Zoning Department, whichever is later. An administrative 1138
or judicial challenge to the development order that approves a Special Exception or the 1139
Site Plan relating thereto suspends the Approval Term until the conclusion of such 1140
challenge, including all appeals. The Approval Term is also suspended for delays 1141
arising from force majeure events. A force majeure event is an event that cannot be 1142
controlled by the Owner including state and federal declarations of natural emergencies 1143
that directly delay the project or an emergency that the City Commission finds to have 1144
delayed the project and that extends the time for development orders. The Special 1145
Exception is cancelled at the end of the Approval Term if the Owner fails to obtain a 1146
building permit for the primary structure or a demolition permit for any existing 1147
structure that is part of the Large-scale Development. 1148
Notwithstanding the foregoing, the City Manager or The City Commission may extend 1149
the Approval Term expiration date of a Special Exception for up to one additional year,1150
provided that an or for some other amount of time as appropriate under the 1151
circumstances. An application for extension of the Approval Term expiration date is 1152
filed of a Special Exception must be filed sixty (60) days prior to the expiration of the 1153
Approval Term Special Exception. 1154
***1155
1156
20-8.10 Bonus allocations.1157
(C)TSDD (MU-M).1158
Action Bonus
When the property is developed with Grocery
Store Space, for every one floor of residential
use with ten percent (10%) of the units
dedicated to Affordable Housing of which
one-half (½) are for Very-low to Low Income
individuals and families and one-half (½) are
for Moderate Income individuals and
families.
One additional floor of residential use at
market rate*
When the property is developed without
Grocery Store Space, for every one floor of
residential use with fifteen (15%) of the units
dedicated to Affordable Housing of which
one-half (½) are for Very-low to Low income
individuals and families and one-half (½) are
for moderate income individuals and families.
One additional floor of residential use at
market rate*
For providing a plaza, open to the public of at
least five thousand (5,000) square feet of
contiguous area functionally and visually
connected to pedestrian walkway system,
One additional floor
39
Page 33 of 37
including seating, lighting, and artwork. A
building permit will not be issued for the
extra floor without approval of the plaza and
walkway system by the ERPB DRAB.**
For developing the full frontage of the
property with streetscape design connected to
and useable as part of the public pedestrian
walkway system including pedestrian
amenities. The maximum change in level
between the portion of a sidewalk shall be
one-half (½) inch and must be beveled, with a
slope no greater than 1V:2H (2:1). A building
permit will not be issued for the extra floor
without approval of the streetscape, walkway
system and amenities by the ERPB DRAB
One additional floor
For assembling a minimum of one acre of
contiguous land to make up a larger
redevelopment site and joined by a Unity of
Title.
One additional floor*
For buildings that have an office or
commercial component that provide onsite
bicycle amenities including one male and one
female changing room and lockers to
accommodate one commercial occupant and
commercial employees for every one
thousand (1,000) square feet of commercial
gfa and to have at least three (3) of the
following features:
One additional floor*
(a) Secure bike parking room with a
minimum capacity (in addition to bike racks
that may be required) to accommodate one
bike for every five (5) residential units and
one bike for every one thousand (1,000)
square feet of commercial gfa.
(b) Bike repair stations (accessible to
occupants and guests and may be outside if
covered) or repair room (may be included in
bike parking room);
(c) Bike wash stations (accessible to
occupants and guests and may be outside if
covered);
(d) Availability of loaner bicycles for
building residents and employees sufficient to
meet the demand for loaner bicycles and such
availability shall be posted in a location that is
40
Page 34 of 37
open and obvious to all occupants of the
building.
1159
***1160
20-8.12 Architectural standards—Intent.1161
The Architectural Standards are pre-approved and are intended to provide a degree of 1162
predictability about the quality of building designs and to promote harmony among buildings 1163
without requiring an appearance before and approval by a review board for every project. 1164
Applicants with projects which conform to these standards may obtain approval from the 1165
Planning and Zoning Department staff without appearing before ERPB DRAB; however, the 1166
applicant may appear before ERPB DRAB, at the applicant's discretion. Every permissible 1167
architectural option is not described herein; other options may be approved by ERPB DRAB. 1168
***1169
1170
ARTICLE IX. - COMMUNITY SERVICE OVERLAY DISTRICT1171
1172
***1173
1174
20-9.5 Development review procedures.1175
(A) Applicants shall meet in pre-application conference with the Planning and Zoning Division 1176
staff to discuss and analyze proposed applications in non-binding forum. Staff may prescribe 1177
special conditions in order to assure the overall compatibility of the proposes uses and 1178
physical structures with the neighboring uses and physical structures. 1179
(B) Applicants shall submit an application for development responding to the pre-application 1180
conference findings in the form prescribed under the provisions of Section 20-5, entitled 1181
Article V. Procedures and Applications, as contained in the Land Development Code. 1182
(C) Upon receipt of applications for development, the Planning and Zoning staff shall review the 1183
application and assure that proposed uses and physical structures are compliant with the 1184
purpose, intent and requirements of this article and applicable Code requirements. 1185
(D) Upon the staff's determination of compliance with the purpose, intent and requirements of 1186
this article and applicable Code requirements by the Planning and Zoning Division, the 1187
application shall be reviewed by the ERPB by the DRAB, as regulated by Section 20-5.11. 1188
(E) Applicants shall incorporate ERPB conditions, if any, and apply for all required building, 1189
electrical, mechanical, plumbing and utility permits, as regulated by Section 20-5.13. 1190
***1191
1192
41
Page 35 of 37
ARTICLE X. - SITING REGULATIONS FOR TELECOMMUNICATION TOWERS 1193
AND ANTENNAS1194
1195
***1196
20-10.4 General requirements and minimum standards.1197
***1198
(C) The City shall review the application and determine if the proposed use complies with 1199
applicable Sections of this Ordinance and other regulations. Every new telecommunication 1200
tower and antenna shall be subject to the following minimum standards: 1201
***1202
4.ERPB DRAB Review. The Environmental Review and Preservation Board (ERPB)1203
Design Review Advisory Board (DRAB) shall review and recommend approval, 1204
disapproval or modification on all site plans, projects and specifications relating to 1205
applications for new telecommunication towers and antennas, and modifications to 1206
existing towers and antennas. The ERPB's DRAB’s review shall include, but not be 1207
limited to, those design criteria specifically enumerated by this ordinance and all other 1208
applicable criteria, as outlined by the Land Development Code.1209
***1210
11. Aesthetics. Towers and antennas shall meet the following requirements: 1211
a.All applications for the installation of new towers, antennas or accessory equipment 1212
buildings, or the modification of existing towers, antennas or accessory equipment 1213
buildings shall be reviewed by the ERPB DRAB as provided in this Code. 1214
b.Towers shall either maintain a galvanized steel finish or, if allowed by FAA 1215
standards, shall be painted a neutral color to reduce visual obtrusiveness. 1216
c.The design of accessory buildings and related structures shall use materials, colors, 1217
textures, screening, and landscaping that will blend them into the natural setting and 1218
surrounding buildings to minimize visual impact, as determined by the ERPB1219
DRAB. 1220
d.All telecommunications tower sites must comply with any landscaping 1221
requirements of the City Land Development Code and all other applicable aesthetic 1222
and safety requirements of the City, and the City may require landscaping in excess 1223
of those requirements in order to enhance compatibility with adjacent residential 1224
and non-residential land uses. 1225
e.If an antenna is installed on a structure other than a tower, the antenna and 1226
supporting electrical and mechanical equipment must be of a color that is neutral, 1227
identical to, or compatible with the color of the supporting structure, as determined 1228
by the ERPB DRAB, to make the antenna and related equipment as visually 1229
unobtrusive as possible. 1230
f.No signals, artificial lights or illumination shall be permitted on any tower or 1231
antenna unless required by the FAA. If lighting is required, the lighting alternatives 1232
42
Page 36 of 37
and design chosen must cause the least disturbance to the surrounding views. To 1233
the maximum extent possible, lighting shall be oriented away from residential 1234
districts. 1235
***1236
1237
20-10.5 Uses requiring administrative approval.1238
(A) The following uses may be approved by the City Manager [or the Manager's designee] after 1239
the ERPB review in accordance with Section 20-5.2, or the City Commission per Section 1240
20-6.2, has recommended approval: 1241
1.Stealth Facilities. 1242
a.Stealth rooftop or building mounted antennas, not exceeding 25 feet above the 1243
roofline and 10 feet above the maximum height of the applicable zoning district, 1244
shall be permitted as an accessory use in the following zoning districts: 1245
MO Medium-Intensity Office
SR Specialty Retail
TODD Transit-Oriented Development District
1246
b.Stealth towers not exceeding 125 feet in height shall be permitted as a principal or 1247
accessory use in the following zoning districts: 1248
MO Medium-Intensity Office
SR Specialty Retail
TODD Transit-Oriented Development District
1249
c.A stealth tower and antenna designed to look like a light pole may replace a light 1250
pole, which existed before the adoption of this Ordinance, located in the PR 1251
district, provided that the height of the stealth tower and antenna do not exceed 1252
the height of the existing light pole by more than ten (10) feet. 1253
d.Upon receipt of the appropriate application, the City Manager, at his or her sole 1254
discretion, will determine the application's consistency with the definition of a 1255
stealth facility. 1256
2.Non-Stealth Facilities. 1257
a.Non-Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet 1258
above the roofline and 5 feet above the maximum height of the applicable zoning 1259
district, shall be permitted as an accessory use in the following zoning districts: 1260
MU-5/TODD Transit-Oriented Development District
1261
b.Any non-stealth building or rooftop antennas approved administratively shall only 1262
be permitted on buildings in excess of 40 feet in height. 1263
43
Page 37 of 37
***1264
1265
20-10.9 Accessory equipment building.1266
Accessory equipment buildings used in conjunction with the operation and maintenance of 1267
antennas shall be permitted subject to the following requirements: 1268
(A) ERPB review is required. 1269
(BA)Must conform to the applicable zoning district's dimensional standards. 1270
(CB)If the site is already occupied by a principal building, the provider shall attempt to 1271
utilize the existing building for its antenna-related equipment. If the provider is unable 1272
to use the existing building, it must provide a report to the City describing the reasons 1273
which disallow it from using the existing building. 1274
(DC)Shall be designed, constructed, and installed in compliance with this Code, the 1275
Florida Building Code, and all other applicable codes. 1276
***1277
44
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
COMPREHENSIVELY AMENDING THE CITY CODE AND LAND DEVELOPMENT CODE TO RESTRUCTURE
THE DEVELOPMENT APPROVAL PROCESS AND THE ROLE OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD, INCLUDING RENAMING THE BOARD, AND AMENDING ITS COMPOSITION,
POWERS AND DUTIES, AND PROCEDURES; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR BONICH)
Suggested Action:
Attachments:
Commission_Memo_Re_ERPB_Restructuring (1).docx
Ordinance_Restructure_Development_Approval_Process_and_ERPB_SR 4-30-24.docx
Exhibit_A-Code_Amendments-ERPB_Ordinance.docx
Exhibit B - LDC changes for ERPB Ordinance.docx
ERPB Restructuring Charts.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:Mayor and Commissioners
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:May 7, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, COMPREHENSIVELY AMENDING THE CITY CODE AND
LAND DEVELOPMENT CODE TO RESTRUCTURE THE DEVELOPMENT APPROVAL
PROCESS AND THE ROLE OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD, INCLUDING RENAMING THE BOARD, AND AMENDING
ITS COMPOSITION, POWERS AND DUTIES, AND PROCEDURES
The accompanying Ordinance was prepared and placed on the agenda at the request of
Vice Mayor Bonich after positive feedback from the City Commission regarding the restructuring
process.
The Ordinance proposes to comprehensively amend the City’s Code of Ordinances (the
“Code”) and Land Development Code(the “LDC”) to clarify the City’s development review process
by restructuring the approval process for various applications, including the Environmental
Review and Preservation Board’s (“ERPB”) role in the review process by renaming the ERPB, and
amending its composition, powers and duties, and procedures.
Article VI, Section 20-6.1 of the LDC establishes the administrative entities of the City,
including the Planning Board, the ERPB, and the Historic Preservation Board (“HPB”), and
provides regulations with respect to the establishment, membership, organization, powers and
duties, and procedures of each board. Development projects may require completion of various
separate but related procedures in order to secure final approval review, including review and/or
approval by the Planning Board, the ERPB, and HPB.
The attached flowcharts depict the current development review process and the
proposed process set forth in the Ordinance. The City Commission’s intent is to streamline the
process and involve the ERPB (now the Design Review Advisory Board or “DRAB”) earlier in the
process to provide applicants with more feedback earlier on and the City Commission with the
benefit of the DRAB’s recommendations.
The Planning Board reviewed the Ordinance and recommended its adoption 4-0 subject
to changing the name of the board to the Design Review Board (DRB) and that zoning review be
completed prior to review by the DRB.
2
CURRENT
Planning Board1.
Public hearing on second
reading unless Sec.
166.041 requires additional
public hearing on first
reading
Public Hearing for
Recommendation
2. Commission
CODE AMENDMENT
PROPOSED
Recommendation
Discussion Item
Public Hearing for
Recommendation
Design Review
Advisory Board
(DRAB)
CODE AMENDMENT
City of South Miami, FL
Public hearing on second
reading unless Sec.
166.041 requires additional
public hearing on first
reading
3. Commission
Commission1.
2. Planning Board
IF REFFERRED BY COMMISSION
45
Environmental
Review &
Preservation
Board (ERPB)
1.
Public Hearing
SITE PLAN APPROVAL
(IF NO OTHER APPROVAL REQUIRED)
CURRENT
PROPOSEDPROPOSED
Design Review
Advisory Board
(DRAB)
1.DRAB Public Hearing must
Approve, Approve with
Conditions or Deny, within
60 days (only 1 deferral or
automatically sent to
Commission)
SITE PLAN APPROVAL
(IF NO OTHER APPROVAL REQUIRED)
Commission DRAB decisions appealable
to Commission (considered
at Public Hearing)
CURRENT
City of South Miami, FL
Environmental
Review &
Preservation
Board (ERPB)
1.
Public Hearing
SINGLE FAMILY REVIEW
Design Review
Advisory Board
(DRAB)
1.
SINGLE FAMILY REVIEW
DRAB must recommend
Approval, Approval with
Conditions or Denial, within
60 days (only 1 deferral or
automatically skipped and
sent to Staff for final
decision)
Public hearing for design
review only - DRBA makes
recommendations that are
sent to staff for final
decision as part of Building
Permit issuance
46
CURRENT
PROPOSED
Planning Board1.
Public Hearing
3. Environmental
Review & Preservation
Board (ERPB)
Public Hearing for
Recommendation
Site Plan approval brought
to ERPB public hearing
2. Commission
SPECIAL USE
3. Commission
Recommendation
Public Hearing: Final
decision on Approval and
Site Plan
Design Review
Advisory Board
(DRAB)
1.
Public Hearing for
Recommendation 2. Planning Board
SPECIAL USE
Planning Board1.
Public Hearing
Public Hearing for
Recommendation
Site Plan approval brought
to ERPB public hearing
2. Commission
VARIANCE
3. Commission
Recommendation
Public Hearing: Final
decision on Approval and
Site Plan
Design Review
Advisory Board
(DRAB)
1.
Public Hearing for
Recommendation 2. Planning Board
VARIANCE
CURRENT
PROPOSED
City of South Miami, FL
3. Environmental
Review & Preservation
Board (ERPB)
47
CURRENT
PROPOSED
Planning Board1.
Public Hearing
(Approved Plat |
Conceptual Site Plan)
Public Hearing for
Recommendation
2. Commission
TENTATIVE PLAT
CURRENT
Planning Board1.
Public Hearing
(Approved Plat |
Conceptual Site Plan)
3. ERPB
Public Hearing for
Recommendation
Site Plan approval brought
to ERPB public hearing
2. Commission
FINAL PLAT
PROPOSED
City of South Miami, FL
Design Review
Advisory Board
(DRAB)
1.
Public Hearing
for Recommendation
3. Commission
Recommendation
Public Hearing: Final
Decision on Approval and
Conceptual Site Plan
2. Planning Board
TENTATIVE PLAT
Commission1.Public Hearing -
Final Decision
FINAL PLAT
48
18A .............................................................................................MIAMI HERALD FRIDAY APRIL 26 2024
STANLEY CUP
PLAYOFFS
For summaries and complete scores go to
the eEdition at MiamiHerald.com.
FIRST ROUND
(Best-of-7;x-if necessary)
EASTERN CONFERENCE
FLORIDA 2,TAMPA BAY 0
G1:Florida 3,Tampa Bay 2
G2:Florida 3,Tampa Bay 2 (OT)
Thursday:at Tampa Bay
Saturday:at Tampa Bay,5
x-Monday:at Florida,TBA
x-Wednesday,May 1:at Tampa Bay,TBA
x-Saturday,May 4:at Florida,TBA
CAROLINA 2,N.Y.ISLANDERS 0
G1:Carolina 3,N.Y.Islanders 1
G2:Carolina 5,NY Islanders 3
Thursday:at N.Y.Islanders
Saturday:at N.Y.Islanders,2
x-Tuesday:at Carolina,TBA
x-Thursday,May 2:at N.Y.Islanders,TBA
x-Saturday,May 4:at Carolina,TBA
BOSTON 2,TORONTO 1
G1:Boston 5,Toronto 1
G2:Toronto 3,Boston 2
G3:Boston 4,Toronto 2
Saturday:at Toronto,8
Tuesday:at Boston,TBA
x-Thursday,May 2:at Toronto,TBA
x-Saturday,May 4:at Boston,TBA
N.Y.RANGERS 2,WASHINGTON 0
G1:N.Y.Rangers 4,Washington 1
G2:NY Rangers 4,Washington 3
Friday:at Washington,7
Sunday:at Washington,8
x-Wednesday,May 1:at N.Y.Rangers,TBA
x-Friday,May 3:at Washington,TBA
x-Sunday,May 5:at N.Y.Rangers,TBA
WESTERN CONFERENCE
WINNIPEG 1,COLORADO 1
G1:Winnipeg 7,Colorado 6
G2:Colorado 5,Winnipeg 2
Friday:at Colorado,10
Sunday:at Colorado,2:30
Tuesday:at Winnipeg,TBA
x-Thursday,May 2:at Colorado,TBA
x-Saturday,May 4:at Winnipeg,TBA
EDMONTON 1,LOS ANGELES 1
G1:Edmonton 7,Los Angeles 4
G2:Los Angeles 5,Edmonton 4 (OT)
Friday:at Los Angeles,10:30
Sunday:at Los Angeles,10:30
Wednesday,May 1:at Edmonton,TBA
x-Friday,May 3:at Los Angeles,TBA
x-Sunday,May 5:at Edmonton,TBA
VANCOUVER 1,NASHVILLE 1
G1:Vancouver 4,Nashville 2
G2:Nashville 4,Vancouver 1
Friday:at Nashville,7:30
Sunday:at Nashville,5
Tuesday:at Vancouver,TBA
x-Friday,May 3:at Nashville,TBA
x-Sunday,May 5:at Vancouver,TBA
VEGAS 2,DALLAS 0
G1:Vegas 4,Dallas 3
G2:Vegas 3,Dallas 1
Saturday:at Vegas,10:30
Monday:at Vegas,TBA
x-Wednesday,May 1:at Dallas,TBA
x-Friday,May 3:at Vegas,TBA
x-Sunday,May 5:at Dallas,TBA
But over the past three
years,and this season in
particular,Lundell has
unlocked another portion
of his game that has made
him invaluable to the
Panthers.Whatever line
he plays on,whatever
teammates are on his
wings,he finds a way to
adjust his style of play to
best suit the way his team-
mates play.
Lundell primarily cen-
ters Florida’s third line but
versatility,from playing a
simple north-to-south
game to a heavy forecheck
approach to a pass-heavy
style,gives the coaching
staff flexibility to move
him up the lineup when
the situation requires it
and not worry about a
drop-off.
“Every line is a little
different,”said Lundell,
who had 13 goals and 35
points in 78 regular-season
games this year.“Some
guys want to keep the puck
a little more.Some guys
want to play simple.For
me,it’s all about trying to
read and know who I’m
playing with and try to
adjust as good as I can do
to make me and and them
play even better.”
That will be put to the
test on Thursday in Game
3 against the Tampa Bay
Lightning —and likely at
least the rest of this best-
of-7 opening-round playoff
series —as Panthers coach
Paul Maurice moves Lun-
dell up to center Florida’s
second line with Sam
Bennett out at least a week
due to a hand/wrist injury
sustained early in Game 2.
“We want him back as
soon as possible,”Lundell
said,“but we just try to do
our best.It’s a chance for
everybody to step up.We
have a lot of good players,
so it’s just all about the
guys stepping up and try-
ing to do your job even
better.For sure,we want
him back.At the same
time we need to be able to
win these games.”
Lundell took primary
responsibility filling Ben-
nett’s spot once he left
early in the second period
of Game 2 and did a stellar
job working with wingers
Matthew Tkachuk and
Carter Verhaeghe.In 6:2 8
of ice time at 5 -on-5 with
Lundell,Verhaeghe and
Tkachuk playing together
on Tuesday,the Panthers
led 13-3 in shot attempts
and 6-0 in shots on goal.
The three also combined
on the game-winning goal
in overtime,with Tkachuk
sending a pass from the
boards to Lundell in the
slot,who then flicked the
puck past a slew of Light-
ning defenders to Ver-
haeghe in front of the net
to set up a top-shelf back-
handed shot that got past
Tampa Bay goaltender
Andrei Vasilevskiy.
“Lundy might have had
four guys on him and he
made the play to the stick
to me,”Verhaeghe said.
Plays like that are a
visible sign that Lundell’s
confidence is beginning to
match his skill level and a
reminder that Lundell can
rise to play as a top-six
forward when given the
chance.He filled in for
both Aleksander Barkov
and Bennett during the
regular season when both
missed time due to either
injury or illness and didn’t
miss a beat.
Now,Lundell has the
chance to show he can do
the same in the playoffs.
“You always want more,
and I guess now is the
time,”Lundell said.“I
always strive to do my
best.I always want to be a
key player even if I play in
whatever line.I’m just
trying to drive my line and
be a difference-maker in
that way,help the team to
win some games.”
Jordan McPherson:
305-376-2129,
@J_McPherson1126
FROM PAGE 13A
PANTHERS
MATIAS J.OCNER mocner@miamiherald.com
Panthers centers Eetu Luostarinen,left,and Anton Lundell compete for the puck
against Lightning center Michael Eyssimont in the third period of Game 2 on Tuesday.
MATIAS J.OCNER mocner@miamiherald.com
Carter Verhaeghe (23)celebrates with teammates after
scoring in overtime to beat the Lightning on Tuesday.
49