This Code shall be known and may be cited as the "City of South Miami Land Development Code," except as referred to herein, where it shall be known as "the Code."

(A)

This Code is hereby enacted and shall be the Land Development Code for the City of South Miami, Florida.

(B)

All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this Code are hereby repealed to the extent of such inconsistency or conflict.

(C)

The repeal of any ordinance does not revive any other ordinance, or portion thereof, repealed by said ordinance.

(D)

Such repeals shall neither affect nor prevent the prosecution or punishment of any person for the violation of any resolution repealed thereby, for an offense committed prior to repeal.

(A)

Health, Safety and Welfare. It is the purpose and intent of this Code to promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami through the stated regulations of this Code.

(B)

Plan Implementation. It is the purpose and intent of this Code to implement the recommendations of the City's adopted Comprehensive Plan and to insure that adequate public facilities and services shall be available to accommodate new development.

(C)

Permissive Regulations. It is the intent of the language in this Code to be permissive, rather than prohibitive in nature. In other words, uses and structures not specifically permitted shall be prohibited.

(D)

Minimum Requirements. These regulations and the City's Comprehensive Plan are the minimum requirements for administration, enforcement, procedures, restrictions, standards, uses, variances, and all other areas addressed by this Code, and, if any other existing ordinance or regulation allows lesser regulation, including lands that are within the Miami-Dade County Rapid Transit System Development Zone or the Rapid Transit Zone District, as set forth in Chapter 33C of the Miami-Dade County Code (County Regulation) that have a lower standard of services or less restrictive standard of zoning and regulation than the City's Comprehensive Plan or the City's Land Development Code (LDC), the City's Comprehensive Plan will govern first and then this LDC will govern before the County Regulation governs, so that in all cases, the more restrictive limitation or requirement must govern.

(Ord. No. 17-21-2407, § 2, 9-7-21)

(A)

Legislative Reference. This Code is adopted pursuant to Chapters 163 and 166 of the Florida Statutes.

(B)

Maximum Power. It is the intent of local government to exercise the available power in said chapters to the maximum extent possible, as more fully set forth herein.

(C)

Amendments. This Code may be amended from time to time in accordance with the provisions of this Code as required or allowed by subsequent legislative enactments.

The provisions of this Code shall apply to all the territory encompassed in the jurisdictional area of the City of South Miami where authority may be exercised pursuant to Florida Statutes, Section 163.3171, including lands that are part of the Miami-Dade County Rapid Transit System Development Zone or the Rapid Transit Zone District, as set forth in Chapter 33C of the Miami-Dade County Code.

(Ord. No. 17-21-2407, § 2, 9-7-21)

Where a conflict exists between any limitation or requirement in this Code and any applicable limitation or requirement elsewhere in this Code, the more restrictive limitation or requirement, or the regulation that imposes the higher standard of services and more restrictive land use and land development regulation (Higher Standards) must govern and must prevail. Where there is a conflict between the Miami-Dade County Comprehensive Development Master Plan (CDMP) or the County Code of Ordinances (collectively referred to as County Regulations) and this Code or the City's Comprehensive Plan, if the Miami-Dade County Charter authorizes municipal regulations to prevail or authorizes municipalities to enforce a Higher Standard, then the Higher Standards of this Code and of the City's Comprehensive Plan will take precedence and prevail over the County Regulations. Properties located within the Miami-Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami-Dade County Code, as amended, must remain subject to all of the provisions of City's Comprehensive Plan and the City's Land Development Code that provide for a Higher Standard.

(Ord. No. 17-21-2407, § 2, 9-7-21)

(A)

Jurisdiction. No building, premises or structure shall be constructed, erected, modified, altered, converted, occupied, placed, maintained or moved, and no land use shall be commenced, maintained or modified except in compliance with the provisions and procedures as set forth herein.

(B)

Movement or Placement of Structures.

(1)

No structure shall be moved to or placed upon any premises until a permit for such removal or placement is obtained.

(2)

When moved from one lot to another, structures shall conform to all applicable district provisions.

(C)

Prior Approvals. The provisions of this Code shall not apply to any development which has received a valid development order prior to the effective date of this Code.

(A)

Partial Invalidation. Should any section, sentence, clause, phrase or word of this Code be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect, impair or invalidate the validity of the remaining parts of this Code which can be given effect without the invalid provision.

(B)

Separate Application. The invalidation of the application of any provision of this Code to any particular property or structure, or to any particular properties or structures, by any court of competent jurisdiction, shall not affect the application of such provision to any other property or structure not specifically included in such invalidation.

(A)

Ordinary Meaning. Words shall be given their ordinary and common meaning, and where a word or words may be interpreted in more than one manner, the more restrictive meaning shall apply.

(B)

The interpretation of any provision in this Code and the application of regulations contained in this Code to any property shall be the responsibility of the Planning and Zoning Director.

(C)

Invalid Interpretation. No verbal or written communications by staff in the interpretation of the provisions of this Code shall be considered binding on the City if such communications are subsequently found to be invalid or incorrect by the City administration or City Commission.

(Ord. No. 14-11-2087, § 1, 3-15-11)

The requirements of this Code are cumulative and all requirements of this Code shall be complied with prior to the issuance of a development order. The issuance of a development order or permit does not exclude any applicant from compliance with all other applicable codes and regulations.

This Code shall be in full force and effect from and after its passage, the effective date being October 26, 1989.