C4F-Ref- PB - Amend Required Enclosures For Rental Car Facilities -Wolfson-MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39. www.miomibeochfl.gov
ISSION MEMORANDUM
Mayor Philip Levine and Members of,the City
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
PERTAINING TO REQUIRED ENCLOSURES FOR RENTAL CAR FACILITIES
ADM! NISTRATION RECOMMEN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND / ANALYSIS
On March 11,2015, the City Commission (ltem C4l), at the request of Comm. Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (LUDC) regarding
proposed amendments to the City Code pertaining to the parking of rental cars in commercial
districts.
On April 1,2015, the Land Use Committee discussed the item and recommended that the attached
Ordinance Amendment be referred to the Planning Board.
CONCLUS!ON
ln accordance with the April 1,2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
'rwce Amendment to the Planning Board.
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Asenda ttem C{F
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Required Enclosures for Rental Car Facilities
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114.1, "DEFINITIONS", BY MODIFYING THE
DEFINTION OF GOMMERCIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE !V,
"SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 1,,,GENERALLY"
TO MODIFY THE REQUIREMENTS FOR REQUIRED ENCLOSURES TO
CREATE AN ALLOWANCE FOR THE OUTDOOR EXPOSURE OF RENTAL
CAR VEHICLES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes supplementary district regulations that address enclosures; and
WHEREAS, Chapter 142 is proposed to be amended to allow the outdoor storage of
rental cars; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 114, "General Provisions," Section 114-1, "Definitions," is
amended, as follows:
Commercial vehicle means any vehicle, including but not limited to trucks, trailers, semitrailers,
tractors* and motor homes, and vehicles for rent or lease utilized in connection with the
operation of a commerce, trade, or business, or automobile rental aqencv (as defined in Sec.
102-356) and not utilized as a dwelling.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations", Article lV, "Supplementary
District Regulations," Division 1, "Generally," is amended, as follows:
Sec. 142-874. - Required enclosures.
(a) Store enclosures. ln all use districts designated in these land development regulations,
the sale, or exposure for sale or rent, of any personal property, including merchandise,
groceries or perishable foods, such as vegetables and fruits, is prohibited, unless such
sale, or exposure for sale, is made from a substantially enclosed, permanent building;
provided, however, that nothing herein contained shall be deemed applicable to rooftop
areas not visible from the right-of-way, filling stations, automobile service stations.
vehicles for rent or lease utilized in connection with the operation of an automobile rental
aqencv (as defined in Sec. 102-356) provided that the exposure of the vehicles is on the
same site at which the automobile rental aqencv is located, and that such exposed
vehicles are fullv screened from view as seen from anv riqht-of-wav or adioinino prooertv
when viewed from five feet six inches above qrade. with aporopriate landscapino not
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less than six feet in heiqht, or repair shops; uses having revocable permits or beach
concessions operated or granted by the city, newsracks or newspaper stands, or
displays at sidewalk cafes as permitted in subsection 82-384(ff), wherever such uses are
otherwise permissible.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 241h,, 2015.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: ,2015
Second Reading:,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Stnke+nreush denotes removed lang uage
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