2017-4078 Ordinance Lincoln Road Prohibited Use Amendment
ORDINANCE NO. 2017-4078
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR
"CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE
ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T-SHIRT
SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT," SECTION 142-335, "PROHIBITED USES"; TO
CREATE CERTAIN PROHIBITED USES ON LINCOLN ROAD BETWEEN
COLLINS AVENUE AND ALTON ROAD; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, properties fronting Lincoln Road between Collins Avenue and Alton Road,
are within the Commercial High Intensity, CD-3, District, are located in the Flamingo Park
Historic District; and
WHEREAS, Lincoln Road is the City's iconic shopping area; and
WHEREAS, the Lincoln Road corridor has historically been composed of low intensity
retail, service and retail establishments, which primarily serve City residents; and
WHEREAS, properties fronting Lincoln Road that have a zoning designation of CD-3
Commercial Medium Intensity District, are located in the Flamingo Park LOCAL Historic District
and the National Register Architectural District; and
WHEREAS, Lincoln Road is a premier street in Miami Beach and provide residents and
visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's
economy, especially the tourism industry; and
WHEREAS, the City recently adopted the new Lincoln Road Master Plan, and in order to
ensure compliance with the Master Plan and ensure the integrity of Lincoln Road the City
Commission recommends revising the list of permitted uses to preclude certain uses from the
area; and
WHEREAS, check cashing stores, convenience stores, pharmacies, souvenir and t-shirt
shops, tattoo studios, and fortune tellers (occult science establishments) are uses which
negatively affect surrounding areas; and
WHEREAS, it is the intent of the City to limit the number of establishment which may
negatively affect surrounding areas; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
WHEREAS, the City Commission desires to define certain of the uses within chapter
114, of the Land Development Regulations; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended
as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Check cashing store means a business which cashes checks on a regular basis for a fee.
This definition does not include banks, which may cash checks in addition to providing other
financial services such as, but not limited to, money savings accounts, loan services, and
checking accounts.
* *
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily
food (packaged and/or prepared), beverages, newspapers, magazines, and other household
supplies to customers who generally purchase a relatively few number of items (in contrast to a
"grocery store" or"super market"). It is designed to attract and depends upon a large turnover of
customers.
Occult science establishment shall mean an establishment engaged in the occupation of
a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card
reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner
claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties of
individuals for any form of compensation. Nothing contained herein shall be construed to apply
to a person pretending to act as a fortune teller in a properly licensed theater as part of any
show or exhibition presented therein or as part of any play, exhibition, fair or show presented or
offered in aide of any benevolent, charitable or educational purpose.
* * *
Pharmacy store means a store with direct access from the street or sidewalk, containing
a minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a qualified
medical professional are dispensed and sold and is also designed and stocked to sell health
and wellness products, food (packaged and/or prepared), beverages, newspapers, magazines,
and other household supplies to customers who generally purchase relatively few number of
items (in contrast to a "grocery store" or"super market").
* * *
Souvenirs are items, exclusive of books, magazines or maps, which serve as a token of
remembrance of Miami Beach or any geographic areas in Florida and which bear the name of
the City or geographic areas or streets thereof or of events associated with Miami Beach or
South Florida.
Souvenir and t-shirt shop means any business with direct access from the street or
sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal use
of the business, or together with some other business activity, but which constitutes the primary,
or is the major attraction to the business.
Tattoo studio means any establishment, place of business, or location, other than a
licensed medical facility, an office or clinic of a licensed medical professional, or a duly licensed
beauty shop or barber shop, wherein adornment of any part of the human body or head,
whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any
other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting,
attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible
mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible
mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4)
permanently changing the color or other appearance of the skin. This term shall not, however,
include piercing an ear with a disposable, single-use stud or solid needle that is applied using a
mechanical device to force the needle or stud through the ear.
T-shirt is any garment or article of clothing which has no collar, including, but not limited
to, T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended
generally to be worn on or over the chest and containing any communicative verbiage, graphics,
or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a
garment manufacturer's mark or logo, exclusive of decorative words and information woven or
dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or
embroidery, exclusive of tie-dye garments, and exclusive of hand painted or air-brushed
garments that contain no communicative verbiage, graphics or images.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3, Commercial, High Intensity District," is hereby amended as follows:
DIVISION 6. - CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in Article IV, Division 2 of this Chapter and in Chapter 6. For properties with a lot
line on Lincoln Road between Alton Road and Collins Avenue the following uses are prohibited:
check cashing stores, medical cannabis dispensaries (medical marijuana dispensaries),
convenience stores, occult science establishments, pharmacy stores, souvenir and t-shirt shops,
and tattoo studios.
* * *
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. Codification.
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 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this / day of /2i rck , 2017.
/ 7 ` .
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Philip Vevin /
Maya
ATTEST:
Rafael E. Granada
City Clerk
APPROVED AS TO
i� % ' FORM AND LANGUAGE
& FO' EXECUTION
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City Attorne Date
First Reading: February 8, 2017 ir
Second Reading: March 1, P017
Verified by: I
Thomas R. Mooney, A ICP
Planning Director
T:\AGENDA\2017\2-February\Planning\Lincoln Road Regulations-Second Reading ORD.docx
Ordinances - R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 1, 2017
10:30 a.m. Second Reading Public Hearing
SUBJECT: LINCOLN ROAD PROHIBITED USE AMENDMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR
"CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT SCIENCE
ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T-SHIRT SHOP,"
"TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-335, "PROHIBITED USES"; TO CREATE CERTAIN
PROHIBITED USES ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND
ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On November 9, 2016, at the request of Commissioner Michael Grieco, the City Commission referred
the proposed Ordinance to the Land Use and Development Committee and the Planning Board (Item
C4 B). On November 16, 2016, the Land Use and Development Committee discussed the Ordinance
and recommended that the Planning Board transmit the item to the City Commission with a favorable
recommendation.
PLANNING ANALYSIS
Lincoln Road is the City's premier shopping district, located within the Flamingo Park Local Historic
District and National Register Architectural District. The Lincoln Road corridor has historically been
composed of low intensity retail, service and retail establishments, which primarily serve City
residents. The City recently adopted the new Lincoln Road Master Plan, and in order to ensure
compliance with the Master Plan and ensure the integrity of Lincoln Road the proposed Ordinance
amends the list of permitted uses to preclude certain uses from the area. The list of prohibited uses
includes check cashing stores, convenience stores, pharmacies, souvenir and t-shirt shops, tattoo
studios, and fortune tellers (occult science establishments). Such uses can negatively impact the
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character and integrity of this premier shopping district, and threaten its long term viability and
integrity.
As proposed, the ordinance adds the following definitions:
Check cashing store means a business which cashes checks on a regular basis for a fee.
This definition does not include banks, which may cash checks in addition to providing other
financial services such as, but not limited to, money savings accounts, loan services, and
checking accounts.
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell
primarily food (packaged and/or prepared), beverages, newspapers, magazines, and other
household supplies to customers who generally purchase a relatively few number of items
(in contrast to a "grocery store"or"super market'). It is designed to attract and depends upon
a large turnover of customers.
Occult science establishment shall mean an establishment engaged in the occupation of a
fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card
reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other
manner claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties
of individuals for any form of compensation. Nothing contained herein shall be construed to
apply to a person pretending to act as a fortune teller in a properly licensed theater as part of
any show or exhibition presented therein or as part of any play, exhibition, fair or show
presented or offered in aide of any benevolent, charitable or educational purpose.
Pharmacy store means a store with direct access from the street or sidewalk, containing a
minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a
qualified medical professional are dispensed and sold and is also designed and stocked to
sell health and wellness products, food (packaged and/or prepared), beverages,
newspapers, magazines, and other household supplies to customers who generally
purchase relatively few number of items(in contrast to a 'grocery store"or"super market').
Souvenirs are items, exclusive of books, magazines or maps, which serve as a token of
remembrance of Miami Beach or any geographic areas in Florida and which bear the name
of the City or geographic areas or streets thereof or of events associated with Miami Beach
or South Florida.
Souvenir and t-shirt shop means any business with direct access from the street or
sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal
use of the business, or together with some other business activity, but which constitutes the
primary, or is the major attraction to the business.
Tattoo studio means any establishment, place of business, or location, other than a
licensed medical facility, an office or clinic of a licensed medical professional, or a duly
licensed beauty shop or barber shop, wherein adornment of any part of the human body or
head, whether artistic, cosmetic or otherwise, is practiced through the use of needles,
scalpels, or any other instruments designed to touch, penetrate or puncture the skin for
Page 477 of 1025
purposes of. (1) inserting, attaching or suspending jewelry, decorations or other foreign
objects; (2)producing an indelible mark or figure on the human body or face by scarring skin
or flesh; (3) producing an indelible mark or figure on the human body or face by inserting a
pigment under or upon the skirr or(4) permanently changing the color or other appearance
of the skin. This term shall not, however, include piercing an ear with a disposable, single-
use stud or solid needle that is applied using a mechanical device to force the needle or
stud through the ear.
T-shirt is any garment or article of clothing which has no collar, including, but not limited to,
T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended
generally to be worn on or over the chest and containing any communicative verbiage,
graphics, or images imprinted or to be imprinted on the garment or article of clothing,
exclusive of a garment manufacturer's mark or logo, exclusive of decorative words and
information woven or dyed in the fabric by the manufacturer of the fabric, exclusive of hand
stitched, needle work or embroidery, exclusive of tie-dye garments, and exclusive of hand
painted or air-brushed garments that contain no communicative verbiage, graphics or
images.
Currently, the prohibited uses in the CD-3 commercial, high intensity district are pawnshops;
secondhand dealers of precious metals/precious metals dealers; and accessory outdoor bar counter,
except as otherwise permitted in Article IV, Division 2.
Under the proposed Ordinance, for properties with a lot line on Lincoln Road between Mon Road
and Collins Avenue the prohibited uses would be expanded to include the following uses (as more
specifically defined above): check cashing stores, convenience stores, occult science
establishments, pharmacy stores, souvenir and t-shirt shops, and tattoo studios.
PLANNING BOARD REVIEW
On December 20, 2016, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on February 8, 2017, subject to the
inclusion of medical cannabis disepensaries as a prohibited use. This change did not affect the
Ordinance title and is included in the version for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Grieco
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ATTACHMENTS:
Description
D "M Approved Ordin-mce
D Ad
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ZONE I I NEIGHBORS NURSOArr[ePWtir16?al/
MUUNHLRAID.COM
M AM BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING CODE
PERTAINING TO
LINCOLN ROAD PROHIBITED
USE REGULATIONS
March 1, 2017
NOTICE IS HEREBY given that a Second Reading/Public Hearing will be hoard by tho Mayor and
City Commission of the City of Miami Beach. Florida, in the Commission Chamber, 3rd Floor, City
Hall, 1700 Convention Center Drive,Miami Boach,Florida,on March 1,2017 at 10:30 a.m.or as soon
thereafter as the matter can be heard,to consider:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA,
AMENDING CHAPTER 114 OF THE CITY CODE,ENTITLED'GENERAL PROVISIONS,'TO PROVIDE
FOR DEFINITIONS FOR"CHECK CASHING STORE,""CONVENIENCE STORE,'"OCCULT SCIENCE
ESTABLISHMENT," 'PHARMACY STORES," "SOUVENIR AND T-SHIRT SHOP," "TATTOO STUDIO,"
AND RELATED DEFINITIONS;AMENDING CHAPTER 142,'ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT,"SECTION 142-335,'PROHIBITED USES";TO CREATE CERTAIN PROHIBITED USES ON
LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD:PROVIDING FOR CODIFICATION:
REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE.
This Ordinance is being heard pursuant to Section 116-154 of the City's Land Development Code;
Section 2 05 of the City Charter and§155 041 FS.fnr"uiries may be directed to the Planning Department
-at:305.673.7550.
INTERESTED PARTIES aro invited to appear at this meeting, or be represented by an agent,or to
express their views in writing addressed to the City Commission,c/o the City Clerk, 1700 Convention
Center Drive.1'Floor,City Hall,Miami Beach,Florida 33139.This item is available for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 Floor,
City Hall,Miami Beach,Florida 33139.This item may be continued,and under such circumstances,
additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla.Stat.,the City hereby advises the public that it a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice required),
Information on access for persons with disabilities,and/or any accommodation to review any document
or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for
Spanish,thon option 6;TTY users may call via 711 (Florida Relay Service).
Members of the public may present audio/visual (AV) materials relating to Agenda Items at City
Commission meetings hold in the Commission Chamber by utilizing the City's AV equipment,provided
that materials aro submitted to the Department of Marketing and Communications by B:30 A.M.,one(1)
business day prior to tho meeting Advance submittal 01 a presentation will allow the Communications
Department to plan for the use of the appropriate AV equipment,AV materials may be submitted via
email at 99mmunications6miamiboachfl 0q5 or hand delivered in a jump drive,CD or DVD to:Attention:
Department of Marketing and Communications, 1701 Meridian Avenue,Fifth Floor,Miami Beach,FL
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Rafael B.Grenade,City Clerk
City of Miami Beach
Ad 1282
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