Ord No 03-25-2516ORDINANCE NO.03-25-2516
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING SECTION 20-4.8
“NONCONFORMING USES AND STRUCTURES”OF
ARTICLE IV “OTHER REGULATIONS,”OF THE LAND
DEVELOPMENT CODE TO REVISE REGULATIONS
RELATING TO NONCONFORMING STRUCTURES OR
USES;PROVIDING FOR CORRECTIONS;
SEVERABILITY;CONFLICTS;IMPLEMENTATION;AND
AN EFFECTIVE DATE.
WHEREAS,Article VIII,Section 2 of the Florida Constitution,and Chapter 166,Florida
Statutes,provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law,and to adopt ordinances in furtherance of such authority;and
WHEREAS,the City Commission of the City of South Miami (“City”)finds it
periodically necessary to amend its Land Development Code (the “LDC”)to update regulations
and procedures to maintain consistency with state law,implement municipal goals and objectives,
clarify regulations,and address specific issues and needs that may arise;and
WHEREAS,on September 3,2024,the City Commission discussed regulations for
reconstruction of nonconforming structures following damage or destruction;and
WHEREAS,currently Section 20-4.8(G)of the LDC provides that residents must
reconstruct or repair a nonconforming structure or use that has been damaged by less than fifty
(50)percent of its replacement value within twelve (12)months;and
WHEREAS,the City Commission finds it in the best interest of the City and its residents
to establish regulations that better reflect property owners’needs at a time of involuntary damage
or destruction by extending the time allowed to submit a building permit application;and
WHEREAS,in reviewing this ordinance for the firs time on November 12,2024,the
Planning Board considered the legal nonconforming use and structure regulations as a whole and
proposed comprehensive changes;and
WHEREAS,on January 14,2025,the Planning Board,sitting in its capacity as the Local
Planning Agency,reviewed this Ordinance and voted 6 to recommend 0 to the City Commission;
and
WHEREAS,on February 4,2025,the City Commission approved the ordinance on first
reading;and
WHEREAS,on February 18,2025,the City Commission conducted a duly noticed public
hearing as required by law and approved the ordinance on second reading;and
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Ord.No.03-25-2516
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 IV “Other Regulations,”of the LDC.Article IV “Other
Regulations,”of the LCD,is hereby amended to read as follows:
ARTICLE IV.-OTHER REGULATIONS
***
20-4.8 Nonconforming uses and structures.
(A)General Regulations.
(1)As used in this section,a nonconformity is an existing use or structure that was legally
erected in conformance with land development regulations and permitting requirements in
effect at the time of construction but which at a subsequent date no longer conforms to land
development regulations due to a change in the applicable regulation or due changes in site
conditions outside the property owner’s control including but not limited the taking of a
portion of the subject property due to eminent domain proceedings,natural erosion,or
natural accretion.Such nonconformity is legal and may continue except as regulated by
this section.No provision of this Code shall be construed to require a change in the plans,
construction or designated use of any existing (i)legally established use,(ii)legally
constructed structure.buildmg or (iii)any structure on which actual construction was
lawfully begun prior to the change in the code that rendered the use or structure advent of
nonconforming use status and upon which construction has been diligently carried out in
accordance with active building permits.As used in this paragraph,“actual construction^
being defined to include means,at minimum,the placement of construction materials in
permanent position and fastened in a permanent manner.As used in this section,
“nonconforming building”or “nonconforming structure”shall mean a building or structure
that
(2)Expansion,Alteration or Enlargement.
(a)A building nonconforming structure enty-as-to-heighL-area,or bulk requirements-may
be expanded,altered or extended enlarged only if such alteration or-extension does not
increase the degree of nonconformity in any respect and the resulting structure and use
complies with the land development code other than the original nonconformity.
1 Coding:Strikethrough-words are deletions to the existing words.Underlined words are additions to the existing
words.Changes between first and second reading are indicated with double-strikethrough and double underline and
are highlighted in grey.Modifications made at second reading are shaded in Barfcgreyi.
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Ord.No.03-25-2516
(b)Nonconformities-shall not be enlarged,expanded,-or extended,nor be used as grounds
for adding other structures or uses elsewhere.
(c)A nonconforming Use may be extended throughout any parts of a structure which was
clearly designed or arranged for the nonconforming use at the time that the use became
nonconforming.If a portion of a structure was unoccupied or not manifestly designed
for the nonconforming use,the use may not be expanded within the structure.
(d)The nonconforming use of a building may be hereafter extended throughout those parts
of a building which were lawfully and manifestly arranged-er-designed for use at the
time of-passage of this Code.
(e)No nonconforming use may be expanded or increased beyond the platted-lot or tract
upon which such nonconforming use is located.-
(3)Repairs and Maintenance of buildings or structures deemed unsafe or unlawful.
(a)Nothing in this Code shall prevent the strengthening or restoration to a safe or lawful
condition of any part of any nonconforming building structure provided any alteration
conforms with the requirements of this section,declared unsafe or unlawful
(b)If a nonconforming structure,or portion thereof,containing a nonconforming use
becomes physically unsafe,or unlawful due to lack of repairs and maintenance,and is
declared by any authorized official to be unsafe or unlawful by reason of physical
condition,it shall not thereafter be restored,repaired or rebuilt except in conformity
with this Land Development Code.
(4)Maintaining the-Nonconformity;Discontinuance or Abandonment:Damage.
(a)-No presently illegal-use-shall be deemed to have-been legalized unless such use-falls
within a-use-distriot where the actual use is a conforming use?
(b)Uses not legalized by-eenformity shall remain nonconforming uses where recognized;
(o)A nonconforming use in-violation of a provision of this Code shall not be validated by
tho adoption of this Code unless such use complies with the terms of-this-Code.
A use approved as a nonconforming-land use shall-be considered a-conforming use so
long as the conditions of approval are met.
fa)No building-or land,used-for a nonconforming use,which A nonconforming structure,
or any structure containing a nonconforming use,that is discontinued,or remains vacant
and unused for a continuous period of six (6)months,whether or not fixtures are removed,
shall not again be used except in conformity with the regulations of the district in which
such building or land is located.For a multi-unit,multi-tenant land or building which
constitutes a nonconforming use,vacancy of one (1)or more units shall have no effect on
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Ord.No.03-25-2516
the rights of the property owner under this section,unless seventy-five (75)percent or more
of the gross floor area shall remain vacant and unused for more than six (6)months,after
which period the vacant portion shall not again be used for a nonconforming purpose and
the remaining portions of the land or structure shall be brought into conforming use within
three (3)years.
Any business-which holds an occupational license,obtained in compliancewith-this-Code-end
all other-applicable oity regulations,-shall be deemed -a permittednonconforming use and shall
beal lowed-to operate at the license-fee in effect immediately prior to the effective-dateof-this
Gode and-said fee,as may beamended.
(b)If a nonconforming structure^or use is damaged by more than fifty (50)percent of its
replacement value,all of its rights as a nonconforming structure or use shall be terminated.
If a nonconforming structure or use is damaged by less than fifty (50)percent of its
replacement value,such structure or use may be repaired or reconstructed and used as
before the time of damage provided that application for reconstruction or repair is filed
within of one-hundred eighty (180)days from the date of the destruction,unless the City
Commission by resolution authorizes the Development Services Director to extend the one-
hundred eighty (180)day period for good cause.Such repair or reconstruction shall be
started within one-hundred eighty (180)sixty (60)calendar days of such-damagebuilding
permit issuance and shall becompleted within twelve (12)months.
(B)NoRcottferming-Dimensions.
(1)A—structure—which was erectedin conformance with the applicable—dimensional
requirementsin effect at the time of erection but which at a subsequentdate fails to conform
to applicable dimensional requirementsdue te-a change -in -the -zoning map,in the
dimensional requirementstable or in the textof this Code,may continue to-be-used-for
any use permittedin the district in which it is located,subject to-the requirementsof this
3vvvlvl"<
(2)The following-requirementsshall apply to such structures:
(a)Use of such structures shall beconsistent-with-parking-standards applicable on the-first
date-ofsuch use;and
(b)In the eventof any remodelingor rebuilding,the remodeling or rebuildingshall not
inorease-the extent of nonconformity with any dimensional requirement.
(G)—Existence of Nonconforming Status Use.
(1)The director of building and zoning shall have the authority to determine whether an
existing building,structure,use,or lots is a legally nonconforming.In making such
determination,the director shall rely on historic permitting records and land development
regulations.The director may supplement historic permitting records with historic aerials.
Page 4 of 7
Ord.No.03-25-2516
photography and similar records supplied by the owner of the subject building,structure,
or tot.The director may further supplement the foregoing evidence with such investigations
and affidavits as the director deems necessary to complete gaps in historic records,make
an initial determinationof the existenee-of a nonconforming-use,based upon investigations
and affidavits-he-determines to benecessary.
(2)Where a property owner disagrees with the director’s determination as nonconforming
status of a building,structure,use,or lot,the property owner may appeal the director’s
determination to the Planning Board.On appeal,the Planning Board’s review shall be
limited to the documentary evidence described in this sub-section.Where there is
uncertainty in determining the existence of a nonconforming use,such uncertainty as to the
existenceof a -nonconforming-use shall bea -question of fact to be-eonsideredby the
planning-board,after public notice and hearing-in-accordanoe with this-Code and board
(3)The intermittent,temporary or illegal use of land or buildings shall not be sufficient to
establish the existence of a nonconforming use.
(4)The existence of a nonconforming use on part of a lot or tract shall not be construed to
establish a nonconforming use on the entire tot or tract.
(DC)Nonconforming Lots of Record.
***
(E)Nonconforming Use of Land;
(1)[Replace this paragraph with ellipses]Where at the time of passage of-this-Gede,lawful
use of land existswhich would not be permittedby-rogulations imposed by this-Gode,the
use may becontinued so long as it remainsotherwise lawful,subjectto conditions provided
nuronn
(2)Suchnonconforming-use of land shall besubject to the following conditions?
(a)No such nonconforming use shall -be-enlarged or increased,nor-extended to occupy a
greater area of land than was occupied at the effectivedate of adoption or amendment
of this Code;
(b)No such nonconforming use-shall-be-moved in-whole-or-in part to any portion of the
lot or parcel other than that oceupied-by such use as of-the effectivedate-of this Code;
(e)No additional-structure not conforming to the requirementsof this Code shall beereoted
in connection with such nonconforming use of land.-
(F)Nonconforming-Use of Structures.
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Ord.No.03-25-2516
(1)Where-a-lawfol-structure existsat the effectivedate of adoption oramendment-ofithis-Gode
that could not be built under the terms of this Code by reason of restrictions-on-areas;-let
coverage,height,yards,its location on the lot,-or other requirements-coneerningthe
structure,such structure may becontinued so long-as-it-remains otherwise lawful,subject
to the conditions contained herein;
(2)Such nonconforming use of-structures shall besubject to the following-conditions?
(a)No nonconforming use may beenlarged or-altered-in any -way increase its
nonconformity but-any structure or portion thereof may bealtered t-e-decrease its
nonconformity;
(b)-In-the-event-that-a nonconforming structure is moved-for-any reason for any distance
whatever,such structure shall conform to the regulationsfor the district-in which-it-is
located after it is moved;and,
(c)Any-structure-irnwhioh a nonconforming use issuperseded-by a conforming use,shall
thereafter-conform to district regulations^-and-the nonconforming use may not be
resumed?
(G)Damage of a-Neneenforming Structure or Use.
(1)If a nonconforming structure,or use is damaged by more than fifty (50)percent of its
replacement value,all of its rights as a nonconforming structure or use shall be terminated.
(2)If a nonconforming-stFucture-or use is damaged by lesstitan -fifty (50)percentof its
replacement value,such structure-or-use may be repairedor reconstructedand used-as
beforethe time of damage.Such repair or reconstructionshallbe started within sixty (60)
calendar days of such damage and-shall-be completed within twelve (12-)-months?
(H)Continuation of Nonconforming Use.
(1)Except as otherwise-provided herein,the lawful use of a building existingat the effective
date of this Gode may becontinued,although such use does not-eenform with this Code.
(2)Continuation-ef a nonconforming use shall -be -subjeet-te-such-Fegulattons as the city
commission may requirefor-immediate preservation of adjacent property-prior-te-the
ultimate removalof the nonconforming-use?
(Q—Change in Nonconforming-Use?
(1)If no structural alterations-are-made,a nonconforming -use-may-be-c-hanged-to another
noneonforming use,provided that the newuse-is within-a-higher or more restrictive
classification than-the original use.
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Ord.No.03-25-2516
(2)In the eventthat a nonconforming use of a building ischanged to a conforming use or-
another n onconforminguse of-mere-FestHeted-efassifieatieiMhe use shall not bechanged
later to a lessrestrictive-elassification.
(3)In the e vent-thata nonconforming use-ischanged to another nonconforming use of more
restrictedclassification,the prior lessrestrictive-classification shall beconsidered
abandoned.
***
Section 3.Corrections.Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4.Severability.If any section,clause,sentence,or phrase of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5.Conflicts.That all ordinances or parts of ordinances,resolutions or parts
of resolutions,in conflict herewith,are repealed to the extent of such conflict.
Section 6.Implementation.That the City Manager and City Attorney are authorized
to take any and all actions necessary to implement this ordinance.
Section 7.Effective Date.This Ordinance shall become effective immediately upon
adoption.
PASSED on first reading on the 4th day of February,2025.
PASSED AND ADOPTED on second reading on the I8lh day of February,2025.
ATTEST:CITY^ER^VREADANDAPPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
WEJSS SEROTA>H ELFMAN COLE
&BIERMAN,P.L.
CITY ATTORNEY
APPROVED:
M A YOR
COMMISSION VOTE:5-0
Mayor Javier Fernandez:Yea
Vice Mayor Brian Corey:Yea
Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Yea
Commissioner Danny Rodriguez:Yea
Page 7 of 7
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: February 18, 2025
Submitted by: Lillian Arango
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20-4.8 “NONCONFORMING USES AND STRUCTURES” OF ARTICLE IV “OTHER
REGULATIONS,” OF THE LAND DEVELOPMENT CODE TO REVISE REGULATIONS RELATING TO
NONCONFORMING STRUCTURES OR USES; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
Nonconforming_Structure_Text_Amendment_CM_Memo 2-18-2025.docx
Nonconforming_Structures_Business_Impact_Estimate_Form.docx
Ordinance Re Nonconforming Uses and Structures-Second Reading.DOCX
Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:February 18, 2025
SUBJECT:Ordinance amending section 20-4.8 “Nonconforming Uses and Structures” of
Article IV “other regulations,” of the land development code to revise
regulations relating to nonconforming structures or uses
RECOMMENDATION:Authorize the City Manager and City Attorney to take any and all
actions necessary to implement the ordinance attached hereto.
BACKGROUND:Currently, the City’s nonconforming structure regulations found in
the Land Development Code (“LDC”) afford owners the ability to
make repairs under certain conditions that include the level of
damage as well as the time allowed to make the repair. Because of
the short amount of time allowed to make these repairs, the City
Commission, at their September 3, 2024,meeting, held a
discussion on the City’s regulations for reconstruction of
nonconforming structures following damage or destruction. During
that discussion, the Commission found that it was in the best
interest of the City and its residents to establish regulations that
better reflect property owners’ needs at a time of involuntary
damage or destruction by extending the time allowed to submit a
building permit application.
ANALYSIS:Currently, Section 20-4.8(G)(2) of the LDC states that if a
nonconforming structure or use is damaged by less than fifty (50)
percent of its replacement value, such structure or use may be
repaired or reconstructed and used as before the time of damage.
Additionally, the current regulations require that the repairs start
within sixty (60) calendar days with those repairs being completed
within twelve (12) months. The amendment proposes to remove
the twelve (12) month requirement and extend the timeframe for
making such repairs to one-hundred eighty (180) days from the
date of issuance of the building permit which can be extended by
the City Commission for good cause. The draft ordinance also
includes
2
South'*’Miami
THE CITY OF PLEASANT LIVING
a newly created nonconformity definition as well as other changes
throughout the document.
PREVIOUS ACTION:On November 12, 2024, the Planning Board (PB) held a Public
Hearing on the item and voted 6to 0 to unanimously defer the item
so that certain comments could be addressed. Those comments
were:
1.Define legal non-conforming and to make reference to legal
non-conforming throughout.
A nonconformity definition can be found on line #65 of the draft
ordinance. Reference to the definition has also been placed
throughout the draft ordinance as well.
2.Strike the clause that states “shall be completed in 12 months.”
The phrase “shallbe completed in 12 months” found on line 156
of the draft ordinance has been struck out and will be deleted.
3.Change the requirement that work be started within 60
calendar days to 180 calendar days.
Found on lines 154-155of the draft ordinance, the language was
amended to allow for a longer timeline for work to begin which
is within 180 days from issuance of the building permit.
4.Add wording that makes reference to maintenance repair and
alteration that is similar to what the City of Coral Gables has
which states that the non-conformity can be maintained and
repaired provided that the non-conformity is not increased.
In response to this comment, draft legislation found on lines
107-109 was added that would allow for repairs to
nonconforming structures as long as they conform to the
requirements of the City’s nonconforming section.
On January 14, 2025, the Planning Board (PB) held a second Public
Hearing on the item and voted 6 to 0 to unanimously recommend
approval of the item.
On February 4, 2025, the City Commission reviewed the item at and
voted 5-0 to unanimously approve the item at First Reading.
ATTACHMENT(S):Ordinance
Business Impact Statement
3
BUSINESS IMPACT ESTIMATE1
Ordinance Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20-4.8 “NONCONFORMING USES AND STRUCTURES” OF ARTICLE IV “OTHER
REGULATIONS,” OF THE LAND DEVELOPMENT CODE TO REVISE REGULATIONS RELATING TO
NONCONFORMING STRUCTURES OR USES; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served
The ordinance proposes to amend the City’s Nonconforming Uses and Structures (Sec. 20-4.8) of Land Development Code
(LDC) to give residential and commercial property owners more time when filing building permits to repair non-
conforming structures. The ordinance will also provide more time to complete the repairs indicated in the building permits
that are issued. The ordinance will not limit the Public’s ability and will instead expand their ability to reconstruct non-
conforming structures.
Estimate of Direct Economic Impact on Private/For Profit Businesses
a.Estimate of Direct Business Compliance Costs:
There will be no direct economic impact on private/for profit businesses as the intent of the ordinance is to give
property owners the time needed to properly pull building permits for and make repairs to non-conforming structures.
b.New Charges/Fees on Businesses Impacted:
No new charges/fees on the business.
c.Estimate of Regulatory Costs:
Good Faith Estimate of Number of Businesses Likely Impacted:
Approximately 15% of businesses will be affected
Any Additional Information:
Meeting Date: February 4, 2025 Agenda Item No. ____
4
1 Business Impact Estimate does not apply to the following:
1. Ordinances required for compliance with federal or state law or regulation;
2. Ordinances related to the issuance or refinancing of debt;
3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;
4. Ordinances required to implement a contract/agreement;
5. Emergency ordinances;
6. Ordinances relating to procurement, including but not limited to, any federal, state, local, or private grant, or other financial
assistance accepted by a municipal government;
7. Ordinances enacted to implement the following:
a.Part II of Chapter 163, F.S.;
b.Sec. 190.005, F.S. and Sec. 190.046, F.S.;
c.Sec. 553.73, F.S. (Fla. Building Code);
d.Sec. 633.202, F.S. (Fla. Fire Prevention Code).
5
8A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 7 2025
THE CITY OF CORAL GABLES,
FLORIDA
NOTICE OF ELECTION
QUALIFYING DATES
Notice is hereby given that the City of Coral Gables will hold its Gen-
eral Biennial Election on April 8,2025,to fill the commission seats for
Mayor-Group I,Commissioner-Group II and Commissioner-Group III.
The qualifying period for candidates will begin on Monday,
February 17,2025 (noon)through Friday,February 21,
2025 (noon).
Information regarding this election is available on the City of Coral Ga-
bles City Clerk’s website at:www.coralgables.com.If you have any
questions or concerns,you may email Billy Y.Urquia,City Clerk at
Burquia@coralgables.com or by telephone at 305-569-1812.
BILLY Y.URQUIA
City CLERK
CITY OF NORTH MIAMI BEACH
NOTICE OF PROPOSED ENACTMENT
OF AN ORDINANCE BY THE CITY OF
NORTH MIAMI BEACH,FLORIDA
NOTICE IS HEREBY GIVEN THAT ON TUESDAY,FEBRUARY 18,2025 AT 6:00 PM,THE CITY COMMISSION OF THE CITY
OF NORTH MIAMI BEACH,17011 N.E.19th AVENUE,NORTH MIAMI BEACH,FLORIDA,WILL CONSIDER THE FOLLOWING
ORDINANCE ON SECOND AND FINAL READING AND PROPOSED PASSAGE THEREOF:
ORDINANCE NO.2024-16
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI
BEACH,FLORIDA,AMENDING THE CITY OF NORTH MIAMI BEACH CODE BY AMENDING
CHAPTER XVII,ENTITLED “STREETS AND SIDEWALKS,”BY CREATING A NEW SECTION,
SECTION 17-7 ENTITLED “ABANDONMENT AND VACATION OF RIGHT OF WAYS AND
EASEMENTS”;TO PROVIDE A UNIFORM PROCEDURE FOR ABANDONMENTS AND VACA-
TIONS OF CITY STREETS,ALLEYS,EASEMENTS,AND OTHER FEE OR NON-FEE PROP-
ERTY INTEREST OF SIMILAR CHARACTER;PROVIDING FOR CODIFICATION,CONFLICTS,
SCRIVENER’S ERRORS,SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
All interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
Members of the public may watch/listen to the meeting on Comcast Channel 77 or at https://www.citynmb.com/174/
NMBTV-Live-Stream
ANDRISE BERNARD,MMC,CITY CLERK
SHOULD ANY PERSON DESIRE TO APPEAL ANY DECISION OF THE CITY COMMISSION WITH RESPECT TO ANY MAT-
TER TO BE CONSIDERED AT THIS MEETING,THAT PERSON SHALL INSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE INCLUDING ALL TESTIMONY AND EVIDENCE UPON WHICH ANY APPEAL MAY BE BASED.
(F/S 286.0105)
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990,PERSONS NEEDING SPECIAL ACCOMMO-
DATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF THE CITY CLERK FOR ASSISTANCE
NO LATER THAN TWO (2)DAYS PRIOR TO THE PROCEEDING AT 305-787-6001.
CITY OF SOUTH MIAMI,FLORIDA
CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will
hold a public hearing on Tuesday,February 18,2025,
at 7:00 p.m.at South Miami City Hall Commission
Chambers,6130 Sunset Drive,South Miami,FL 33143,
to consider the following public hearing item(s):
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,APPROVING A MULTIYEAR AGREEMENT WITH
ENVISIO SOLUTIONS,INC.FOR STRATEGIC PLANNING AND PERFORMANCE
MANAGEMENT SOFTWARE AND PROFESSIONAL SERVICES TO ENHANCE
CAPITAL PROJECT TRACKING,REPORTING AND TRANSPARENCY,IN AN
AMOUNT NOT TO EXCEED $13,500 IN FY 2025 AND PROVIDING FOR AN AN-
NUAL SUBSCRIPTION AMOUNT OF $9,785 IN FY 2026,AND AUTHORIZING
AN ANNUAL 5%INCREASE EVERY FISCAL YEAR THEREAFTER FOR THE
REMAINING YEARS 3 THROUGH 5;AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE SOFTWARE AND SER-
VICES;PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND AN EFFEC-
TIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AMENDING SECTION 20-4.8 “NONCONFORMING
USES AND STRUCTURES”OF ARTICLE IV “OTHER REGULATIONS,”OF THE
LAND DEVELOPMENT CODE TO REVISE REGULATIONS RELATING TO NON-
CONFORMING STRUCTURES OR USES;PROVIDING FOR CORRECTIONS;
SEVERABILITY;CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AMENDING SECTION 15-82 “PROHIBITED NOISE,”
OF ARTICLE III “NOISE,”OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS
PROVISIONS,”OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE
REGULATIONS WITHIN THE CITY;PROVIDING FOR CORRECTIONS,SEVER-
ABILITY,CONFLICTS,IMPLEMENTATION,AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AMENDING THE COMPOSITION AND PROCEDURES
OF THE DESIGN REVIEW BOARD;PROVIDING CORRECTIONS;SEVERABILI-
TY;CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE.
Commission members will participate in Chambers or by video conferencing through
the Zoom platform and members of the public may join the meeting via Zoom at (https://
zoom.us/j/3056636338),by phone by calling +1-786-635-1003 and entering Meeting ID:
3056636338 when prompted,or in person in the Commission Chambers,and where their
appearance will be broadcast on the Zoom platform,and where they can participate.
All interested parties are invited to attend and will be heard.
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City Clerk
lost the election,never
mind how they can win in
the future.
And in a first step toward
elevating new leaders,an
election this weekend for
chair of the Democratic
National Committee,the
party chose a candidate,
Ken Martin of Minnesota,
who said he planned to
conduct a post-election
review largely focused on
tactics and messaging.
Martin said he had not
determined the parameters
of the review other than
that he was not interested
in discussing whether form-
er President Joe Biden
should have sought reelec-
tion.
More than 50 interviews
with Democratic leaders
OXON HILL,MD.
As Democrats face the
reality of President Donald
Trump’s second term,they
share a fundamental belief:
This moment calls for an
inspirational message from
their party.
They just cannot decide
what,exactly,that should
be.
In private meetings and
at public events,elected
Democrats appear lead-
erless,rudderless and di-
vided.They disagree over
how often and how stri-
dently to oppose Trump.
They have no shared un-
derstanding of why they
revealed a party that is
struggling to define what it
stands for,what issues to
prioritize and how to con-
front a Trump adminis-
tration that is carrying out a
right-wing agenda with
head-spinning speed.Gov-
ernors,members of the
Senate and the House,state
attorneys general,grass-
roots leaders and DNC
members offered a wide
range of views about the
direction of their party.
Their concerns are spill-
ing out into public,as the
country’s most powerful
and prominent Democratic
politicians air sharp dis-
agreements over how ag-
gressively they should
oppose Trump.
“We’re not going to go
after every single issue,”
Senate Minority Leader
Chuck Schumer of New
York said in an interview.
“We are picking the most
important fights and lying
down on the train tracks on
those fights.”
‘WE’VE GOT TO STAND
UP AND FIGHT’
Many Democrats think
that picking battles is the
wrong approach when
dealing with a president
who is willing to disregard
constitutional norms and
legal guidelines.
On a private call with
Schumer last week,a half-
dozen Democratic gover-
nors pressed him to be
more aggressive in oppos-
ing the entire Trump agen-
da —not just those issues
on which the party thinks it
can score strategic victo-
ries.
“He is not somebody
that you can appease,”
Illinois Gov.JB Pritzker
said in an interview.
“We’ve got to stand up and
fight.And by the way,at
the state level,I think many
of us are.But I think that
we’ve got to make sure that
in the Senate and the
House,that the people who
have a platform are stand-
ing up.”
Democrats broadly agree
that they need to do more
to address the issues that
powered Trump’s cam-
paign,such as grocery
costs,inflation and im-
migration.But there is little
consensus on how —or
even whether —to pri-
oritize the party’s tradition-
al concerns,including abor-
tion rights,LGBTQ+equal-
ity and climate change.
Some Democrats fear that
even as those issues contin-
ued to animate the party’s
base,they failed to res-
onate among a broader
swath of voters in the last
presidential election.
“We have no coherent
message,”said Rep.Jas-
mine Crockett,D-Texas.
“This guy is psychotic,and
there’s so much,but every-
thing that underlines it is
white supremacy and hate.
There needs to be a mes-
sage that is clear on at least
the underlying thing that
comes with all of this.”
Still,a healthy segment
of the party believes that a
narrow focus on the econo-
my is the best way to win
back voters who supported
Trump because they hoped
he would lower prices and
make their lives easier.
“There are people in the
middle —and trust me,
there’s a lot of them —that
wanted costs to go down,”
said Sen.Amy Klobuchar,
D-Minn.“Instead,what
they see is chaos going up,
corruption going up with
the firing of the inspector
generals,and guess what
else is going up?Egg
prices.”
CALLS FOR TACTICAL
TWEAKS AND PATIENCE
The tepid race for DNC
chair illustrated the lack of
a broad party message that
goes beyond attacking
Trump to offer a new vi-
sion.
As party members gath-
ered in Washington this
weekend,they heard from
candidates for chair who
offered largely tactical
solutions and fiery attacks
on Trump that echoed the
party’s message eight years
ago.The eventual winner,
Martin,offered a diagnosis
that was all about how the
party communicated,rath-
er than what it was saying.
“The policies that we
support and the message
that we have is not wrong,”
Martin said in an interview
after his election.“It is a
messaging problem and a
brand problem.Those
voters are not connecting
our policies with their
lives.”
Rep.Josh Gottheimer,a
Democrat who is running
for governor of New Jersey,
said the party must reset its
message to focus more
intensely on affordability —
lowering costs of housing,
groceries and child care.
“Within the party,we
need to make sure we have
a very clear direction to
go,”he said.“We need to
have our own ideas.We’ll
never win again if we are
just playing defense.”
A Quinnipiac University
poll conducted the week
after Trump took office
found that 57%of voters
viewed the Democratic
Party unfavorably —the
highest level since 2008.
ALLISON ROBBERT The New York Times
Former Democratic National Committee Chairman Jamie Harrison,right,congratulates Ken Martin,the new DNC
chairman,after Martin’s election in National Harbor,Md.,on Saturday.
‘We have no coherent
message.’Democrats struggle
to oppose Trump’s agenda
BY LISA LERER
AND REID J.EPSTEIN
NYT News Service
Thousands of people on
Wednesday turned out
across the U.S.to protest
President Donald Trump’s
flurry of early actions,
denouncing his plans for
mass deportations,his
attacks on diversity initia-
tives and his efforts to
restrict transgender rights.
The demonstrations,
which popped up in major
cities and state capitals in
more than a dozen states,
appear to have been
spurred online,with word
spreading via hashtags such
as “#BuildtheResistance.”
They were loosely orga-
nized under an unofficial
tagline —50501,to repre-
sent a goal of 50 protests in
50 states on one day,ac-
cording to various websites
and social media accounts.
Most demonstrations be-
gan in the afternoon at
capitol buildings and at city
halls.
Those involved say that
the movement is meant to
protest Trump’s early ac-
tions and Project 2025,the
conservative policy blue-
print that Trump sought to
distance himself from dur-
ing the campaign.Many of
his plans so far are aligned
with Project 2025 propos-
als.
The demonstrations
gained momentum this
week on social media plat-
forms including Reddit,
Instagram,TikTok and X,
the social media site owned
by Elon Musk,the world’s
richest man and a close
adviser to Trump.Musk’s
own moves —leading a
team that has aggressively
pushed into the systems of
a number of government
agencies and attempted to
shutter at least one whole-
sale —have also prompted
protests.
Carrie Rheingans,a
Democratic state repre-
sentative in Michigan who
spoke at the protests in
Lansing,said people from
across the state gathered at
the state Capitol in below
freezing temperatures.She
added that the protests
came together over 48
hours and were organized
by people who “couldn’t
take it anymore.”
“This was organized by
people,for people,for the
protection of all people,”
Rheingans said.“There will
be more actions.There will
be more organizing.There
will be more things for
regular everyday Amer-
icans to plug into.This is
just the beginning.”
In Austin,Texas,demon-
strators filled the lawn and
walkway outside of the
state Capitol,chanting and
holding signs that read,
“We the people reject Pro-
ject 2025.”On the East
Cost,people gathered on
the streets of Philadelphia,
and police stood watch at
protests in Boston.
People filled the steps
and snowy walkways lead-
ing to the Minnesota Capi-
tol in St.Paul,waving
American and Mexican
flags,as well as LGBTQ+
pride flags.Denver resi-
dents protested by foot and
vehicle,waving signs and
flags out of their car win-
dows as they drove down
Lincoln Street in Denver
near the Colorado Capitol.
Many protesters were
criticizing both Trump and
Musk.
The demonstrations
Wednesday came days
after marchers shut down
the U.S.101 highway in Los
Angeles for several hours,
decrying Trump’s plans for
mass deportations.Wheth-
er the protests will amount
to a sustained anti-Trump
movement is yet to be
seen.
Thousands protest Trump policies across the U.S.
BY SARA RUBERG
NYT News Service
13