11-18-08 Item 17South Miami
Oftericac
CITY OF SOUTH MIAMI I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Director
Date: November 18, 2008 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.3(D)
PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASH/WAX SERVICE A
PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL
USE; BY DELETING SECTION 20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE
AUTOMOMOBILE WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED
"SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX SERVICE ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Mayor recently requested the Planning Department to re- evaluate the Land Development Code regulations
currently applicable to mobile automobile wash /wax service. A number of small business persons have approached
the Mayor advising that the current regulations governing mobile automobile wash /wax services were very
restrictive and actually discourages the location of this type of service in the City.
CURRENT REGULATIONS
The LDC permits a mobile automobile wash/wax service as "S" special uses in all office, retail, TODD, and
Hospital zoning districts. Each proposed use must be approved via the special use process, requiring public
hearings before the Planning Board and City Commission. In addition, Section 20 -3.4 (20) (attached) sets forth a
number of pre- conditions which a proposed mobile automobile wash /wax service must adhere to.
LEGISLATIVE HISTORY
The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -1480 (attached) permitting for the first time,
automobile wash /wax services as a Special Use in the LO,MO,NR, GR, I (Todd) and H zoning districts. Most of
the pre- conditions in effect now were also established. In 2001 this section of the Code was examined again and
additional pre- conditions were added, mobile automobile wash /wax services could locate in RO and SR districts,
and mobile automobile wash /wax services were allowed in parking garages as a permanent location. This was
adopted by the City Commission on October 2, 2001 (Ord. No.21 -01- 1752). In December of 2001 a mobile
automobile wash /wax service in the SR Hometown District, specifically at the Shops Parking Garage was approved
by Resolution No. 198-01-11346. This is only mobile automobile wash /wax service on record ever approved in the
City.
STAFF OBSERVATIONS
(1) The requirement that each mobile automobile wash /wax service must be approved by a special use process is
impractical and overly restrictive, which is evident by the fact that there are no mobile automobile wash /wax
services legally allowed in the City at present. A mobile automobile wash /wax service under special use approval
4
can only operate within the allowable zoning district which was approved for. This actually conflicts with the
concept that this use is to be mobile. A mobile automobile wash/wax service should become a "P" permitted use in
all of the same commercial zoning districts where it is currently allowed as a special use.
(2) As special use a mobile automobile wash/wax service is currently subject to very restrictive requirements in
Section 20 -3.4 (20) which are pre -set special use conditions. These include:
• Limitation on hours of operation;
• Can only operate on private property;
• Must have private property owners permission to operate;
• Can not operate within 100 feet of a residential zoning district;
• Can not operate on any one site for more than 2 hours and no more than two times per week;
(exception is allowed for operating in parking garages)
• No signage, no steam - cleaning, no solvents or degreases.
The restrictions as written protect nearby properties from any adverse impact caused by the mobile automobile
wash/wax service. The restrictions should be continued as being applicable to any mobile automobile wash/wax
service which would be allowed as a permitted use. This can be done by relocating these restrictions to another
section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile automobile
wash /wax service ". These restrictions would have to be followed by the any mobile automobile wash/wax service
which receives an occupational license.
(3) If it is the City's objective to allow this type of small business as a convenience to citizens using commercial
areas, two amendments to the LDC as shown below are required.
SPECIFIC LDC AMENDMENTS
In order to change the mobile automobile wash/wax service from a Special Use to a "P" Permitted Use an
amendment to the Permitted Use Schedule must be made; and the pre- conditions relocated into another section of
the Code (see attached draft ordinance).
PLANNING BOARD ACTION
The Planning Board at its October 28, 2008 meeting conducted a public hearing on the proposed amendment and
then failed to adopt a motion to approve the proposed amendment by a vote a vote of 2 ayes (Mr. Farfan, Ms.
Chael) 4 nays.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading.
Attachments
Draft ordinance
Location Map: Districts that allow Mobile Wash
Planning Department Staff Report 10 -28 -08
Planning Board Minutes Excerpt 10 -28 -08
LDC Section 20 -3.4 (20)
Ord No. 15 -91 -1480
Ord. No. 21 -01 -1752.
Public Notices
SAY
X: \Comm Items \2008 \11 -18 -08 \LDC Amend Amend Car wash. CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY
AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE
AUTOMOBILE WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS
IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION
20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE
WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED
"SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX
SERVICE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the LDC permits a mobile automobile wash/wax service as "S" special uses
in all office, retail, TODD, and Hospital zoning districts requiring each proposed use to be
approved via the special use process, requiring public hearings before the Planning Board and City
Commission; and
WHEREAS, LDC Section 20 -3.4 (20) sets forth a number of pre- conditions and
requirements which a proposed mobile automobile wash/wax service must adhere to; and
WHEREAS, a number of small business persons have approached the Mayor advising that
the current regulations governing mobile automobile wash/wax services were very restrictive and
actually discourages the location of this type of service in the City; and
WHEREAS, the Planning Department recommended that the Permitted Use Schedule
should be changed to allow mobile automobile wash/wax services as a "P" Permitted Use instead of
the current "S" Special Use and that all of the pre- conditions and requirements set forth in the
special use section for this use should continue to be applicable to mobile automobile wash/wax
services ;and
WHEREAS, the Planning Department prepared a proposed amendment which implements
the changes discussed above; and
WHEREAS, the Planning Board at its October 28, 2008 meeting, after public hearing,
expressed concern that there would be a proliferation of mobile automobile wash/wax services in
the City; the Board then failed to adopt a motion to approve the proposed amendment by a vote a
vote of 2 ayes 4 nays; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.3(D) entitled " Permitted Use Schedule" of the Land Development
Code is hereby amended as follows:
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Section 20 -3.3 Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Mobile Automobile Wash/Wax Service
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Sec
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LVI
Section 2. That Section 20- 3.4(B)(20) MOBILE AUTOMOBILE WASH/WAX SERVICE is
hereby removed from the special use requirement section and place it in a new Section 20- 3.6(V) to
be applicable to all mobile automobile wash/wax service wherever they are located as a permitted
use.
Section 3 That Section 20- 3.6(V) is hereby created to read as follows:
Section 20- 3.6(V)
SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX SERVICE.
(a) Mobile carwash. services may operate from 9:00 a.m. to 5:00 p.m. on
Monday through Saturday only. No mobile service vendor shall station
itself upon any public street or right -of -way. Neither shall any mobile
service vendor station itself upon any private property except with the
express permission of the owner thereof and in a manner, which does not
impede the flow of traffic in public streets or rights -of -way nor block
pedestrian access to public streets or rights -of -way. No mobile service
vendor shall station itself within one hundred (100) feet of a residential
zoning district; however, this restriction shall not apply to mobile carwash
vendors operating in residential districts and servicing the, primary
residents.
(b) All mobile service vendors must provide for their own trash and garbage
removal such that no trash or garbage remains on the premises upon which
the vending was conducted.
C) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2)
times per week.
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(d) No signage, other than normal commercial graphics painted upon the
actual mobile service vehicle, shall be permitted, except as provided for in
(e) below.
(e) An exception to (c) above may be made for mobile service vendors who
are stationed within approved parking structures. No exterior signage
visible from a public street shall be permitted for locations within parking
structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
(g) No steam - cleaning, solvents, and/or degreasers may be used.
(h) No run -off into catch basins is permitted.
(i) If soap is used, any run -off must be negligible and contained on private
property.
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 5 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 6 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of , 2008.
APPROVED:
CITY CLERK MAYOR
1" Reading —
2" d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items \2008 \11- 18- 08\LDC Amend Car Wash Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
To: Honorable Chair and Date: October 28, 2008
Planning Board Members
From: Ricardo Soto -Lopez MUP� Re: LDC Amendment- Mobile Car Wash
Planning Director
PB -08 -033
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY AMENDING
SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE AUTOMOBILE
WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS
CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION 20- 3.4(B)(20)
SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASHIWAX SERVICE; BY
CREATING SECTION 20- 3.6(V) TO BE ENTITLED "SPECIAL REQUIREMENTS FOR
MOBILE AUTOMOMOBILE WASH /WAX SERVICE "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Mayor recently requested the Planning Department to re- evaluate the Land Development Code
regulations currently applicable to mobile automobile wash/wax service. A number of small business
persons have approached the Mayor advising that the current regulations governing mobile automobile
wash /wax services were very restrictive and actually discourages the location of this type of service in the
City.
CURRENT REGULATIONS
The LDC permits a mobile automobile wash/wax service as "S" special uses in all office, retail, TODD,
and Hospital zoning districts. Each proposed use must be approved via the special use process,
requiring public hearings before the Planning Board and City Commission. In addition, Section 20 -3.4
(20) (attached) sets forth a number of pre- conditions which the proposed mobile automobile wash /wax
service must adhere to. These include:
• Limitation on hours of operation;
• Can only operate on private property;
• Must have private property owners permission to operate;
• Can not operate within 100 feet of a residential zoning district;
• Can not operate on any one site for more than 2 hours and no more than two times per
week; (exception is allowed for operating in parking garages)
• No signage, no steam - cleaning, no solvents or degreases.
LEGISLATIVE HISTORY
The City Commission on May 7, 1991 adopted Ordinance No. 15 -91 -14880 (attached) permitting for the
first time, automobile wash/wax services as a Special Use in the LO,MO,NR, GR, I (Todd) and H zoning
districts. Most of the pre- conditions in effect now were also established. In 2001 this section of the Code
was examined again and additional pre- conditions were added, mobile automobile wash /wax services
LDC Amendment
October, 2008
Page 2 of 3
could locate in RO and SR districts, and mobile automobile wash /wax services were allowed in parking
garages as a permanent location. This was adopted by the City Commission on October 2, 2001 (Ord.
No.21- 01- 1.752).
In December of 2001 a mobile automobile wash /wax service in the SR Hometown District, specifically
at the Shops Parking Garage was approved by Resolution No.198- 01- 1.1346. This is only mobile
automobile wash /wax service on record ever approved in the City.
STAFF OBSERVATIONS
(1) The requirement that each mobile automobile wash /wax service must be approved by a special use
process is impractical and overly restrictive, which is evident by the fact that there are no mobile
automobile wash /wax services legally allowed in the City at present. A mobile automobile wash /wax
service under special use approval can only operate within the allowable zoning district which was
approved for. This actually conflicts with the concept that this use is to be mobile. A mobile automobile
wash /wax service should become a "P" permitted use in all of the same commercial zoning districts
where it is currently allowed as a special use.
(2) As special use a mobile automobile wash /wax service is currently subject to very. restrictive
requirements in Section 20 -3.4 (20) which are pre -set special use conditions. The restrictions as written
protect nearby properties from any adverse impact caused by the mobile automobile wash /wax service.
The restrictions should be continued as being applicable to any mobile automobile wash/wax service
which would be allowed as a permitted use. This can be done by relocating these restrictions to another
section of the LDC which would be Section 20- 3.6(V) to be entitled "Special requirements for mobile
automobile wash /wax service ". These restrictions would have to be followed by the any mobile
automobile wash /wax service which receives an occupational license.
(3) If it is the City's objective to allow this type of small business as a convenience to citizens using
commercial areas, two amendments to the LDC as shown below are required.
SPECIFIC LDC AMENDMENTS
(1) In order to change the mobile automobile wash /wax service from a Special Use to a "P" Permitted
Use the following amendment must be made:
Section 20 -3.3 D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Mobile Automobile Wash/Wax Service
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Sec
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3.6
LVI
LDC Amendment
October, 2008
Page 3 of 3
(2) Relocate Section 20 -3.4 (20) MOBILE AUTOMOBILE WASH /WAX SERVICE from the special
use requirement section and place it in a new section applicable to all mobile automobile wash /wax
service wherever they are located as a permitted use.
SECTION 20- 3.6(V) "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE
WASH /WAX SERVICE ".
(a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday
through Saturday only. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile service vendor station
itself upon any private property except with the express permission of the owner
thereof and in a manner, which does not impede the flow of traffic in public
streets or rights -of -way nor block pedestrian access to public streets or rights -of-
way. No mobile service vendor shall station itself within one hundred (100) feet
of a residential zoning district; however, this restriction shall not apply to
mobile carwash vendors operating in residential districts and servicing the
primary residents.
(b) All mobile service vendors must provide for their own trash and garbage
removal such that no trash or garbage remains on the premises upon which the
vending was conducted.
C) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2)
times per week.
(d) No signage, other than normal . commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e) below.
(e) , An exception to (c) above may be made for mobile
service vendors who are stationed within approved parking structures. No
exterior signage visible from a public street shall be permitted for locations
within parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
(e) No steam - cleaning, solvents, and /or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private
property.
RECOMMENDATION
It is recommended that the proposed two amendments as shown above be approved.
Attachments:
LDC Section 20 -3.3 (D)
LDC Section 20 -3.4 (20)
Ord No. 15 -91 -14880
(Ord. No.21 -01- 1752).
Public Notices
RSUSAY
X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports \10- 28- 08 \PB -08 -033 LDC Amend Car Wash.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, October 28, 2008
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38P.M.
The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Chairman Morton requested a roll call. Board members present constituting a quorum:
Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Ms. Young and Ms. Chael. Absent: Mr. Comendeiro
City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant),
and Lluvia Resendiz (Zoning Tech).
III. Planning Board Applications/Public Hearing
PB -08 -031
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATED TO THE LAND DEVELOPMENT CODE BY
AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE TO MAKE MOBILE
AUTOMOBILE WASH/WAX SERVICE A PERMITTED USE IN ALL USE DISTRICTS
IN WHICH IT IS CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION
20- 3.4(B)(20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE
WASH/WAX SERVICE; BY CREATING SECTION 20- 3.6(V) TO BE ENTITLED
"SPECIAL REQUIREMENTS FOR MOBILE AUTOMOMOBILE WASH/WAX
SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Ms. Yates read the item into the record.
Action: Mr. Youkilis advised that the Mayor requested that the Planning Department consider
amending Section 20 -3.3 (D) Permitted Use Schedule to allow an automobile wash /wax services as
a use permitted by right. The current legislation adopted in 1991 allows for automobile wash /wax
services as a special use in any zoning district that is listed in most of the commercial zones. Most
of the existing preconditions in the LDC are also summarized in the report. In December 2001 only
one automobile wash /wax service was approved. The staff observed that approving the automobile
Planning Board Meeting
October 28, 2008
Page 2 of 3
wash /wax service by a special use process is impractical and overly restricted because an applicant
must go through the special use approval for each zoning district. Staff is recommending that the
"S" be changed to "P" with the same conditions be approved.
Mr. Morton questioned if they would have to get an occupational license under the current
permitted use. Mr. Youkilis replied that applicants must have an occupational license after the
special use approval. Mr. Morton questioned if there was a way to limit the amount of car wash
businesses within the City. Mr. Youkilis advised that they would be required to abide by the
regulations which are strict. Mr. Morton then stated that without limits there will be too many car
wash /wax businesses around South Miami. The fact that an applicant will not be required to go
through the special use approval will provide for unlimited number of car washes to conduct
business in the City. By not approving this amendment the Board will continues to be in the
position of determining if a special use should be granted. Mr. Morton further added that this can
get out of hand that there will be no control over it. Mr. Youkilis replied that there have not been
many applications for car washes and getting approval for every single zoning district is not
practical.
Mr. Cruz questioned if staff considered the effect the text amendment will have on parking. He
questioned how the Planning Department will ensure that it will not be the same vendor will not
operate several war washes under different names. Mr. Soto -Lopez stated that the issue was that
working class people were trying to make living in a car driven society. Staff did not propose the
text amendment, the Mayor proposed the text amendment.
Ms. Chael stated that she has had personal experience in her neighborhood where a neighbor was
washing cars. She sees no problem with hiring a mobile car service. She expressed that a mobile
car wash was not harmful even in a residential areas.
Mr. Cruz stated that there is a parking problem already and by limiting to two hours per company
may create more problems. He stated that he does not want to create loop holes. Mr. Soto -Lopez
replied that that how Mr. Cruz felt was based upon his own a personal circumstances. Mr. Soto -
Lopez restated that there are a lot of working class people who are trying to make a living in a car
driven society. Mr. Cruz replied that it was not his personal feeling because he frequents
downtown South Miami and always finds it difficult to find a parking. Mr. Soto -Lopez stated that
he recognized Mr. Cruz using valet parking all the time.
Chairman Morton opened the Public Hearing.
Name Address Position
Sharon McCain Oppose
Ms. McCain opinioned that the Mayor proposed the text amendment because several businesses are
currently providing car washes as an extra service. She stated that the City cannot put this extra
burden on Code Enforcement which only has three officers monitoring the entire City. She
requested that the City Attorney provide clarification in that the tenant should be required to obtain
permission from the property owner in order to perform additional services. She further
recommended that the Board should require a lessee wanting a car wash service to be required to
obtain a letter from the property owner granting them permission to apply for the special use. In
other words Ms. McCain stated that it should be left up to the property owner. She further added
that the City will encounter problems with the conditions set down in the report. Code Enforcement
Planning Board Meeting
October 28, 2008
Page 3 of 3
will receive constant calls due to the conditions. She finalized by indicating that there must be
some criteria otherwise Code Enforcement will be overloaded with calls.
Chairman Morton closed the Public Hearing.
Motion: Mr. Cruz moved to deny the text amendment as recommended by staff. Motioned failed
due to a lack of second
Motion: Mr. Farfan moved to approve the text amendment as recommended by staff. Ms. Chael
seconded.
Vote: 2 Ayes 4 Nays (Mr. Cruz, Ms. Young, Mr. Morton and Ms. Yates) The motion failed of
passage.
XAComm Items\2008 \1 1- 18- 08 \PB- Min- 10 -28 -08 Excerpt Car Wash.doc
20 -3.3 SOUTH MIAMI LAND DEVELOPMENT.CODE
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Supp. No. 9 30.4
20 -3.4 SOUTH MIAMI LAND DEVELOPMENT CODE
(b) The on -site parking on small restaurant premises must be used for customers
only; employees and management must park in off -site parking.
(c) Required parking must be on -site.
(d) Small restaurants may only serve alcoholic beverages to any given patron in
combination with food both prepared and served on the premises.
(20) MOBILE AUTOMOBILE WASH/WAX SERVICE
(a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday
through Saturday only. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile service vendor station
itself upon any private property except with the express permission of the owner
thereof and in a manner, which does not impede the flow of traffic in public
streets or rights -of -way nor block pedestrian access to public streets or rights -of-
way. No mobile service vendor shall station itself within one hundred (100) feet of
a residential zoning district; however, this restriction shall not apply to mobile
carwash vendors operating in residential districts and servicing the primary
residents.
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No property owner may permit mobile carwash services to operate on their
property for longer than two (2) hours, or operate on site more than two (2) times
per week.
(d) No signage, other than normal commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e) below.
(e) With special use approval, exception to (c) above may be made for mobile service
vendors who are stationed within approved parking structures. No exterior
signage visible from a public street shall be permitted for locations within
parking structures.
(f) Mobile service vendors must operate from four -wheel moto ized vehicles regis-
tered in the State of Florida.
(e) No steam - cleaning, solvents, and/or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private property.
(21) ANIMAL HOSPITAL/VETERINARLkN
(a) All such uses shall be located within a fully enclosed, air- conditioned, soundproof
structure.
(b) There shall be no overnight boarding of animals except for medical purposes.
Supp. No. 7 48
ORDINANCE NO. 21 -01 -1752
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE ", SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE
STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE
.AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR
LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF
CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City's Land Development Code currently has regulations addressing
"Mobile Car Wash Services," and,
WHEREAS, the current regulations can be improved to address the various types of car
wash businesses that are being proposed within the City, and,
WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution No.
104 -01 -11252 directing the preparation of an amendment to the text of the City of South Miami
Land Development Code, which would clarify the different types of car wash enterprises, and
place the appropriate restrictions and requirements on car wash activity, and further directing that
the amendment should be forwarded to the Planning Board for review and recommendation; and
. WHEREAS, a public hearing regarding the proposed amendment was held by the Planning
Board on August 28, 2001, at which time the Planning Board voted 5 -0 to recommend approval
of the proposed amendment to the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule," of the City's Land
Development Code, is hereby amended to read as follows:
USE TYPE ZONING DISTRICT
R L M N S G T T T T T H P P C P
0 0 0 R R R 0 0 0 0 0 I R 0 A
D D D D D N R
D D D D D D K
M M L P P
U U I I R
4 5 4
Mobile Automobile
Wash/Wax Service
0 �
Section 2. That Section 20- 3.4(B) entitled "Special Requirements," of the City's Land
Development Code, is hereby amended to read as follows:
(5) GASOLINE SERVICE STATION
(f) Ancillary Uses.
Vi. Automobile Washing/Detailing Operations may be permitted as an
accessory use in the GR General Retail Zoning District.
(20) MOBILE AUTOMOBILE WASH/WAX SERVICE
(a) Mobile carwash services may operate from 9.00 a.m. to 5.00 mm. on Monday
through Saturday only. No mobile service vendor shall station itself
upon any public street or right -of -way. Neither shall any mobile service
vendor station itself upon any private property except with the express
permission of the owner thereof and in a manner, which does not impede
the flow of traffic in public streets or rights -of -way nor block pedestrian
access to public streets or rights -of -way. No mobile service vendor shall
station itself within 100 feet of a residential zoning district; however,
this restriction shall not apply to mobile carwash vendors operating in
residential districts and servicing the primary residents
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No mobile ser�,,iee .,°endo� property owner may permit mobile carwash
services to operate on their property for longer than sixty (�i9}- mi�rtes
two (2) hours, or operate on site more than two (2) times per week.
(d) No signage, other than normal commercial graphics painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in e
below.
(e) With special use approval, exception to (c) above may be made for mobile
service vendors who are stationed within approved parking
structures No exterior signage visible from a public street shall be
permitted for locations within parking structures.
(f) Mobile service vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
PA
(e) No steam - cleaning, solvents, detergents- and /or degreasers may be used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private property.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 2nd day of October, 2001
ATTEST: APPROVED:
CITY CLERK MAYOR
1" Reading- September 18, 2001
2nd Reading- October 2, 2001
READ AND APPROVED AS TO FORM
CITY ATTORNEY
COMMISSION VOTE: 4 -0
Mayor Robaina:
Yea,
Vice Mayor Feliu:
Yea
Commissioner Russell:
Yea
Commissioner Bethel:
Yea
Commissioner Wiscombe:
Not present
NOTE: New wording underlined; wording to be removed indicated by strike - through.
3
ORDINANCE NO.
15 -91 -14130
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE.OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"MOBILE AUTOMOBILE WASH /WAX SERVICE" IN SECTION 20 -2.3;
PROVIDING FOR MOBILE AUTOMOBILE WASH /WAX SERVICE UNDER
SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS A
SPECIAL USE; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBSECTION
(20); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"mobile automobile wash /wax service "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "mobile automobile
wash /wax service" as a special uae in the permitted use
schedule;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby
is, amended as follows:
Mobile Automobile Wash /Wax Service. Shall mean a motorized
vehicle equipped to provide a self- contained facility for
washing, waxing, and otherwise cleaning or "detailing"
automobiles.
Section 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
Section 3. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following
subsection 20:
C
P
ZONING
DISTRICTS
0
A
N
R
R L
M N S G I
H D
K
0 0
0 R R R
S
G
Mobile Automobile
Wash /Wax.Service S
S S S S
S 20
n/a
Section 3. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following
subsection 20:
(20) MOBILE AUTOMOBILE WASH /WAX SERVICE
a. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any
mobile service vendor station itself upon any private
property except with the express permission of the
owner thereof and in a manner which does not impede the
flow of traffic in public streets or rights -of -way nor
block pedestrian access to public streets or rights -of-
way.
b. All mobile service vendors must provide for their own
trash and garbage removal such that no trash or garbage
remains on the premises upon which the vending was
conducted.
C. No mobile service vendor shall remain in any one site
longer than sixty (60) minutes.
d. Mobile service vendors must operate from four -wheel
motorized vehicles registered in the State of Florida.
e. No steam- cleaning, solvents, detergents and /or
degreasers may be used.
f. No run -off into catch basins is permitted.
g. If soap is used, any run -off must be negligible and
contained on private property.
Section 4." If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section $. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 7 th day of May , 1991.
APPROVED:
MAYOR
ATTEST',— /-I
CITY dugitk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY 2
60
1