Ordinance 99-3178 ORDINANCE NO. 99-3178
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH BY:
AMENDING SECTION 14-71 ENTITLED TEMPORARY STRUCTURE
BY DELETING REFERENCE TO TEMPORARY STRUCTURE USED
FOR THE SALE OR RENTAL OF REAL ESTATE; AND PROVIDING
FOR A REPEALER, INCLUSION IN THE CODE, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, Ordinance 89-2665, the Zoning Ordinance of the City of Miami Beach,
became effective on October 1, 1989; and,
WHEREAS, Section 6-22(E) of Ordinance 89-2665 provides for specific regulations
governing temporary sales buildings; and,
WHEREAS, Section 6-22(E) of the Zoning Ordinance of the City of Miami Beach has
now been recodified at Section 142-1106, Temporary Sales Building of the Code of the City of
Miami Beach; and,
WHEREAS,the recent recodification of the zoning Ordinance inadvertently failed to
resolve a conflict between the provisions of Section 142-1106, Temporary Sales Buildings, and
Section 14-71, Temporary Structure, Insofar as Section 14-71 relates to temporary structures
used for the sale or rental of real estate; and,
WHEREAS, the Mayor and City Commission of the City of Miami Beach desire to
resolve the conflict between Section 142-1106 and Section 14-71 in favor of the more detailed
and recent regulation contained in Section 142-1106.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 14-71, Temporary Structure, of the Code of the City of Miami Beach
is hereby amended as read as follows:
Sect. 14-71, Temporary Structure
Not withstanding any provision of the Zoning Ordinance, a temporary structure used fat.
the salc or rcntal of rcal cstatc or as construction offices shall be permitted in conjunction
with the construction of the building for which a valid building permit has been issued,
subject to the following:
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA ,
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of March , 1999.
IfPASSED AND ADOPTED this 17th day of March, 1999. ^
MAYOR
ATTEST:
!ZflAkt t- fait.ClAilr - APPROVED AS TO
C=ORM & LANGUAGE
CITY CLERK & FOR EXECUTION
Underlined=new language Wyeka_'Strtt- deleted language q _ -t-/ -5-/9. i
1st reading 3/3/99
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2nd reading 3/17/99
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 2 \9 '99
TO: Mayor Nelsen O. Kasdin and DATE: March 17, 1999
Members of the City Co mission
FROM: Sergio Rodriguez ,f
City Manager 4;
SUBJECT: Second 14. .d/g Public Hearing: An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending the Code of the
City of Miami Beach by: Amending Section 14-71, Temporary Structure, by
Deleting Reference to Temporary Structure Used for the Sale or Rental of Real
Estate; and Providing for a Repealer, Inclusion in the Code, Severability and
an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission upon holding a second reading public
hearing, adopt the subject ordinance to resolve a conflict between Section 14-71, Temporary
Structure, and Section 142-1106, Temporary Sales Buildings, of the Code of the City of Miami
Beach.
BACKGROUND
As a result of the recent recodification of the Zoning Ordinance of the City of Miami Beach
(Ordinance 89-2665), it has come to the Administration's attention that there is a conflict between
the provisions of Section 14-71, Temporary Structure, and the provisions of Section 142-1106,
Temporary Sales Buildings. Section 14-71 of the Code was adopted in 1964 to regulate the use of
temporary structures for sale or rental of real estate or as a construction office. This section provided
that permits for such structures may not be issued until the building permit for the main structure has
been issued.
In 1989 the City Commission adopted a new zoning ordinance 89-2665. The.new zoning ordinance
contained specific,more detailed provisions for the regulation of temporary sales buildings pursuant
to the provisions of Section 6-22(E) (now codified Section 142-1106). As part of this later adopted
ordinance, temporary sales buildings are permitted up to one year in advance of the issuance of a
building permit for the main building on the property, hence the regulation for temporary sales
buildings was effectively changed in 1989. Subsequent to the adoption of the zoning ordinance in
1989 the City has been following the regulations contained in the zoning ordinance; however, with
the recent recodification of the zoning ordinance as part of the City Code it has come to the
Administration's attention that there is a conflict between these two provisions of the Code.
AGENDA ITEM
DATE 3`I-1-9")
On March 3, 1999,the Commission approved the subject ordinance on first reading by a vote of 7-0.
ANALYSIS
•
The proposed ordinance resolves the identified conflict by deleting reference to temporary sales or
rental offices from Section 14-71,thereby allowing that section to continue to regulate the provision
of construction trailers, but allowing Section 142-1106 to govern the installation of temporary sales
buildings. This is an appropriate resolution of the conflict in that Section 142-1106 provides design
and other restrictions governing the temporary sales buildings while Section 14-71 would govern
construction trailers on an active construction site.
CONCLUSION
The Administration has concluded that the City Commission should adopt on second reading, the
proposed ordinance to resolve the conflict between the City Code and the Zoning Ordinance.
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