Miami-Dade Legislative Item
File Number: 100882
   Clerk's Official Copy   

File Number: 100882 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-103 Control: Board of County Commissioners
File Name: ZONING AND MOTOR VEHICLE REPAIRS ORDINANCE Introduced: 4/2/2010
Requester: NONE Cost: Final Action: 11/17/2009
Agenda Date: 11/17/2009 Agenda Item Number: 7B
Notes: THIS IS THE FINAL VERSION AS ADOPTED. SUNSET 1 YR. Title: ORDINANCE RELATING TO ZONING AND MOTOR VEHICLE REPAIRS; AMENDING SECTION 33-247 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE'') TO PROVIDE FOR CERTAIN ANCILLARY SERVICES FOR AUTOMOBILE NEW PARTS AND EQUIPMENT SALES FACILITIES; AMENDING SECTION 8A-161.3 OF THE CODE TO EXEMPT CERTAIN PROVIDERS OF MINIMAL AUTOMOBILE MAINTENANCE REPAIRS FROM THE APPLICATION OF THE MOTOR VEHICLE REPAIR ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 092132 AND 093020.]
Indexes: MOTOR VEHICLES REPAIR
  ORDINANCE AMENDING
  ZONING
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: Yes Effective Date: 11/27/2009 Expiration Date: 11/26/2010
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 4/2/2010 Assigned Eduardo I. Sanchez 4/2/2010

Board of County Commissioners 11/17/2009 7B AMENDED Adopted as amended P
REPORT: First County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Heyman that the Board adopt the foregoing proposed ordinance. Commissioner Gimenez seconded this motion for discussion. Commissioner Heyman explained the intent of the foregoing proposed ordinance. Commissioner Diaz expressed his concern with monitoring the type of repairs at the facilities outlined in this proposed ordinance. Ms. Cathy Peel, Director, Consumer Services Department, explained the intent by the department to monitor the type of repairs that would be allowed in this proposed amendment to Section 33-247 of the Code of Miami-Dade County. She noted that there were a number of restrictions under this proposed ordinance, such as the repairs could not take longer than 20 minutes. Commissioner Sosa stated she would not support this proposed ordinance due to the potential activities that might occur at the facilities outlined in this ordinance. She noted the anticipated additional expenditure for more inspectors to monitor these facilities. Commissioner Sosa also commented on the impact to the quality of life for the adjacent businesses and homes to these facilities. Commissioner Souto questioned the regulations on the number of cars that could be parked at these facilities at the same time. He suggested the imposition of a time limit to avoid traffic jams in the parking lot. In response to Commissioner Souto’s inquiry and comments, Commissioner Heyman noted that the existing parking spaces would remain and none would be added. Commissioner Souto noted his concern with the number of cars allowed and, if someone would monitor these activities. Ms. Peel reiterated the restriction on the services that could not take longer than 20 minutes. She also clarified for Commissioner Souto that the type of facilities noted in this proposed ordinance are registered with the Consumer Services Department. Commissioner Jordan suggested to Commissioner Heyman, the sponsor, that she conduct a pilot program and then consider making this permanent. Commissioner Diaz asked that the department provide a report following the one-year pilot program outlining any complaints and problems that were encountered. It was moved by Commissioner Heyman that the Board adopt the foregoing proposed ordinance as amended to provide for the implementation of a one-year pilot program for ancillary services for new automobile parts and equipment sales facilities; and to provide for a report to Board following the one year pilot outlining any complaints and problems encountered. This motion was seconded by Commissioner Souto, and upon being put to a vote, passed by a vote of 8-1 (Chairman Moss voted “No”; Commissioners Rolle, Seijas, Sosa and Barreiro were absent). The amended version has been assigned Ordinance No. 09-103.

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING AND MOTOR VEHICLE REPAIRS; AMENDING SECTION 33-247 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”) TO PROVIDE FOR CERTAIN ANCILLARY SERVICES FOR AUTOMOBILE NEW PARTS AND EQUIPMENT SALES FACILITIES; AMENDING SECTION 8A-161.3 OF THE CODE TO EXEMPT CERTAIN PROVIDERS OF MINIMAL AUTOMOBILE MAINTENANCE REPAIRS FROM THE APPLICATION OF THE MOTOR VEHICLE REPAIR ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-247 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 33-247. Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, maintained or occupied for any purpose in any BU-1A District, except for one (1) or more of the following uses:


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(3) Automobile new parts and equipment, sales only.>> Notwithstanding the provisions of Section 33-251.2 to the contrary, as an ancillary service, a facility selling new automobile parts and equipment may perform minimal automobile maintenance repairs in that facility’s on-site designated parking area, provided that all of the following conditions are satisfied:

(a) such repairs are performed at no charge, solely as a courtesy for which no payment is charged or received;

(b) the sum of the repairs performed on an individual vehicle shall take no more than a total of twenty (20) minutes to perform;

(c) such repairs shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine anti-freeze changes, brake fluid changes, power steering fluid changes, tire repair, tire installation, tire rotation, or any other repair that falls within the scope of the repair certification categories set forth in Sections 8A-161.25(2)(a)-(e) & (g) of this Code;

(d) the price(s) charged by the facility for automobile parts or equipment is not increased because of the performance of such repairs;

(e) the repairs are performed by an employee of the facility; and

(f) all residual, discarded, or waste products, parts, equipment, packaging, fluids, and other materials left over from such repairs are stored or disposed of by the facility immediately after the completion of the repairs, in compliance with all applicable laws, ordinances, and regulations governing the storage, handling, and disposal of such items.<<


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Section 2. Section 8A-161.3 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 8A-161.3. Exemptions; conflict.


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(b) Unless the act or practice of repairing, servicing or reconditioning of a motor vehicle or engaging in the activity of a master or specialty mechanic or a paint/body technician is adopted for the purposes of evading or avoiding the provisions of this article, this article shall not apply to a person who:


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>> (8) When engaged in the business of selling automobile new parts and equipment, performs minimal automobile maintenance repairs, provided that all of the following conditions are satisfied:

(a) such repairs are performed at no charge, solely as a courtesy for which no payment is charged or received;

(b) the sum of the repairs performed on an individual vehicle shall take no more than a total of twenty (20) minutes to perform;

(c) such repairs shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine anti-freeze changes, brake fluid changes, power steering fluid changes, tire repair, tire installation, tire rotation, or any other repair that falls within the scope of the repair certification categories set forth in Sections 8A-161.25(2)(a)-(e) & (g) of this Code;

(d) the price(s) charged by the person for automobile parts or equipment is not increased because of the performance of such repairs;

(e) the repairs are performed by an employee of the person;

(f) all residual, discarded, or waste products, parts, equipment, packaging, fluids, and other materials left over from such repairs are stored or disposed of by the person immediately after the completion of the repairs, in compliance with all applicable laws, ordinances, and regulations governing the storage, handling, and disposal of such items; and

(g) a sign measuring not less than two (2) feet in width and three (3) feet in length is posted in a conspicuous place inside each of the person’s business premise locations, announcing, in legible written form, the following:

“This facility is not a motor vehicle repair shop and is only authorized to perform minimal automobile maintenance repairs taking no more than 20 minutes to complete. This facility and its employees are not permitted to charge anyone for performing automobile repairs.”

“Esta facilidad no es un taller de reparaciones de vehículos de motor y solamente está autorizada a realizar reparaciones mínimas de mantenimiento de automóviles que tomen no más de 20 minutos para terminar. Esta facilidad y sus empleados no están permitidos cobrar por reparaciones de automóvil.”

“Plas sa a se pa yon garaj e li sèlman otorize pou’l fè ti sèvis reparasyon ak antretyen oto ki pa pran plis pase 20 minit. Plas sa-a ak amplwaye’l yo pa otorize pou kolekte lajan nan men pèson pou ranje mashin.”<<


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Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 6. This ordinance shall sunset and stand repealed one (1) year after its effective date.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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