Ordinance 94-2925 ORDINANCE NO. 94-2925
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" , AMENDING SUBSECTION 6-6, ENTITLED
"CD-1 COMMERCIAL, LOW INTENSITY" BY ADDING PAWN
SHOPS TO THE CONDITIONAL USE CATEGORY; AMENDING
SUBSECTION 6-7 , ENTITLED "CD-2 COMMERCIAL MEDIUM
INTENSITY" BY ADDING PAWN SHOPS TO THE CONDITIONAL
USE CATEGORY; AMENDING SUBSECTION 6-8, ENTITLED
"CD-3 COMMERCIAL HIGH INTENSITY" BY CREATING A
PROHIBITED USE CATEGORY AND ADDING PAWN SHOPS TO
SUCH CATEGORY; AMENDING SECTION 20, ENTITLED
"PS- PERFORMANCE STANDARD DISTRICT" , AMENDING
SUBSECTION 20-3 , ENTITLED "USE REGULATIONS" BY
MODIFYING THE TABLE OF PERMITTED USES BY SPECIFYING
THAT PAWN SHOPS ARE NOT A PERMITTED USE IN THE
REDEVELOPMENT AREA; PROVIDING THAT ANY PAWN SHOP
WHICH WAS DULY LICENSED AS OF APRIL 20, 1994 SHALL
BE PERMITTED TO TRANSFER ITS LICENSE TO ANOTHER
LOCATION AND BE A MAIN PERMITTED USE IN ANY ZONING
DISTRICT WHICH ALLOWS PAWN SHOPS AS A MAIN
PERMITTED USE UNTIL JUNE 15, 1994 ; AMENDING SECTION
3 , ENTITLED "DEFINITIONS" , AMENDING SUBSECTION 3-2 ,
ENTITLED "TERMS DEFINED" BY ADDITION OF DEFINITIONS
FOR "PAWN" , "PAWNBROKER" AND "PAWNSHOP" ; PROVIDING
FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING
FOR A REPEALER AND SEVERABILITY; AND PROVIDING THAT
THIS ORDINANCE SHALL BE EFFECTIVE AS OF JUNE 15,
1994 .
WHEREAS, the City Administration wishes to clarify the list of
Conditional Uses in the commercial districts in the City of Miami
Beach; and
WHEREAS, the Miami Beach Planning Board has requested an
analyses of the regulations pertaining to pawn shops; and
WHEREAS, the operation of a pawnshop is regulated by the City
Code and State Statutes; and
WHEREAS, the particular nature and operation of a pawn shop
enterprise warrants the necessity to restrict the location and
operation of this unique commercial use through the Conditional use
process; and
WHEREAS, the operation of pawn shops is not an activity that
services the entire City and should therefore not be part of a high
intensity business core; and
WHEREAS, an amendment to the existing ordinance is necessary
to effectuate these objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Subsection 6-6, entitled "CD-1 COMMERCIAL, LOW
INTENSITY" of Section 6, entitled "Schedule of District
Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
1
6-6 CD-1 COMMERCIAL, LOW INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This is a retail sales, Personal Commercial Uses; Apartments; Adult Congregate Living See Section 6-21.
Services, shopping district, Bed &Breakfast Inn (pursuant Facilities; Nursing Homes;
designed to provide service to to Section 6-22,H). Uses that Religious Institution; Public
surrounding residential serve Alcoholic Beverages as and Private Institutions;
neighborhoods. listed in Section 12 (Alcoholic Schools; Day Care Facility;
........................
Beverages). ' Pawn:0... ; Warehouses; and
any Use selling gasoline.
* * *
SECTION 2 . Subsection 6-7, entitled "CD-2 Commercial, Medium
Intensity" of Section 6, entitled "Schedule of District
Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
6-7 CD-2 COMMERCIAL, MEDIUM INTENSITY.
•
A. Purpose and Uses
1. District Purpose 2. Main Permitted 3. Conditional Uses 4. Accessory
Uses Uses
This district provides for Commercial Uses; Adult Congregate Living See Section 6-21.
commercial activities, Apartments; Facilities; Funeral Home;
services, offices and related Apartment/Hotels. Uses that Nursing Homes; Religious
........................
activities which serve the serve Alcoholic Beverages as Institution; Pawn Sh s
entire City. listed in Section 12 Public and Private
I (Alcoholic Beverages). Institutions; Schools; and
any Use selling gasoline.
* * *
SECTION 3 . Subsection 6-8, entitled "CD-3 Commercial, High
Intensity" of Section 6, entitled "Schedule of District
Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
2
I
6-8 CD-3 COMMERCIAL, HIGH INTENSITY.
A. Purpose and Uses
.............................
1. District Purpose 2. Main Permitted 3. Conditional 4. Accessory j€Whti
Uses Uses Uses » Tscs
........................
This district is Commercial Uses; Adult Living See Section ?a`iv shops
:.:...::. : :. : :.
designed to Apartments; Apart- Congregate Facilities; 6-21.
accommodate a highly ment/Hotels; Hotels. Nursing Homes;
concentrated business Oceanfront properties in the religious Institution;
core in which activities Architectural District shall public and private
serving the entire City not be permitted to have new Institutions; Schools
are located. retail and/or office areas and Major Cultural
totaling more than 250 sq.ft. Dormitory Facilities as
unless the Building is re- specified in Section
habilitated according to the 10A-2. When located
South Florida Building Code, on that portion of
the Miami Beach Property Lincoln Road that is
Maintenance Standards, and closed to traffic, these
Fire Prevention and Safety uses shall comply with
Codes and if it is a Historic Sec. 6-8,A.5.
Structure the U.S. Secretary
of the Interior Standards for
Rehabilitation and Guidelines
for Rehabilitating Historic
Structures. Offices are
prohibited on the ground floor
on that portion of Lincoln
Road which is closed to
traffic, unless the office area is
located in a mezzanine, or at
least 75 ft. back from the
storefront; also Apartments,
Apartment/Hotels and Hotels
located on that portion of
Lincoln Road shall comply
with Sec. 6-8,A.S.
► r Apartments, Apartment/Hotels, Hotels and the Conditional
Uses, as described above, which are located on that
portion of Lincoln Road that is closed to traffic, may
have first floor entrances and lobbies occupying up to
20% of their total Street frontage(s) . The remainder of
their first floor frontage shall consist solely of
Commercial Uses, extending back at least 75 ft. from the
Street frontage(s) .
SECTION 4. Subsection 20-3 , entitled "Use Regulations" of Section
20, entitled "PS - Performance Standard District" of Zoning
Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
3
* * *
B. Table of Permitted Uses
General Use R-PS 1, 2 R-PS 3 , 4 C-PS RM-PS 1
Category 1, 2 , 3 , 4
Single P p p p
Family; Apt/Hotel
Townhome; not
Apartment; permitted
Apt/Hotel
Hotel N P P N
Commercial N N P P
8% of Floor
Area
Institutional C C C C
1. 25% of
Floor Area
Accessory P p p p
P - Main Permitted Use C - Conditional Use N - Not Permitted
Floor Area in the M-PS 1 District refers to total Floor Area
in project. Commercial Uses in RM-PS1 limited to stores and
restaurants.
For purposes of this Section, a Car Wash, Filling Station and any
Use that sells gasoline, automobiles or automotive or related
repair Uses are considered as industrial Uses and are not permitted
in the Redevelopment Area.
.....................................................
....................................................
* For purposes of this Section, Ft nsh p nd Nightclubs are
not permitted as a Main Permitted or Accessory Uses in the
Redevelopment Area; however, in the C-PS3 and C-PS4 Districts a
Nightclub shall be permitted as an Accessory Use within a hotel of
250 rooms or more with access to the Nightclub only from the
interior lobby and not from the street.
Commercial and non-commercial Parking Lots and Garages shall be
considered as a Conditional Use in the R-PS1, 2 , 3 and 4 Districts.
* * *
SECTION 5. Subsection 3-2 , entitled "Terms Defined" of Section 3 ,
entitled "Definitions" is hereby amended as follows:
3-2 TERMS DEFINED
* * *
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150 7. PEDESTAL. That portion of a Building or Structure which
is equal to or less than 50 feet in height above the sidewalk
elevation.
SECTION 6. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 7. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same
are herewith repealed.
SECTION 8. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION 9. Notwithstanding any provision of Ordinance 93-2865 to the contrary,any pawnshop duly licensed
by and existing in the City of Miami Beach as of April 20, 1994 shall be allowed, as a matter of right, to transfer
the location of the license and be a main permitted use in any zoning district which allows pawnshops as a main
permitted use until the effective date of this Ordinance as reflected in paragraph 10 below. Thereafter, all
pawnshops duly licensed by and existing in the City of Miami Beach including those as of April 20, 1994, shall
abide by the provisions of this Ordinance.
SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of June, 1994.
PASSED and ADOPTED this 4th day of May , 1994.
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DJG/MH F\D IS K#4\11690 RDA.94
March 30, 1994
1st reading: 4/20/94
2nd reading 5/4/94
FORM APPROVED
LEGAL DEPT.
By
Date -21- ?VL_
5
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 3l C(/
TO: Mayor Seymour Gelber and DATE: May 4, 1994
Members of the City Commission
FROM: Roger M. C
City Manager
SUBJECT: SECOND READING - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING
SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-6 ENTITLED "CD-1 COMMERCIAL, LOW
INTENSITY" BY ADDING PAWN SHOPS TO THE CONDITIONAL USE
CATEGORY; AMENDING SUBSECTION 6-7 ENTITLED "CD-2
COMMERCIAL MEDIUM INTENSITY" BY ADDING PAWN SHOPS TO THE
CONDITIONAL USE CATEGORY; AMENDING SUBSECTION 6-8
ENTITLED "CD-3 COMMERCIAL HIGH INTENSITY,' BY CREATING A
PROHIBITED USE CATEGORY AND ADDING PAWN SHOPS TO SUCH
CATEGORY; AMENDING SUBSECTION 20 ENTITLED "PS -
PERFORMANCE STANDARD DISTRICT" AMENDING SUBSECTION 20-3
ENTITLED "USE REGULATIONS" BY MODIFYING THE TABLE OF
PERMITTED USES BY SPECIFYING THAT PAWN SHOPS ARE NOT A
PERMITTED USE IN THE REDEVELOPMENT AREA; PROVIDING THAT
ANY PAWN SHOP WHICH WAS DULY LICENSED AS OF APRIL 20,
1994 SHALL BE PERMITTED TO TRANSFER ITS LICENSE TO
ANOTHER LOCATION AND BE A MAIN PERMITTED USE IN ANY
ZONING DISTRICT WHICH ALLOWS PAWN SHOPS AS A MAIN
PERMITTED USE UNTIL JUNE 15, 1994; AMENDING SECTION 3,
ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED
"TERMS DEFINED" BY ADDITION OF DEFINITIONS FOR "PAWN",
' PAWNBROKER', AND "PAWNSHOP"; PROVIDING FOR INCLUSION IN
THE ZONING ORDINANCE; PROVIDING FOR A REPEALER AND
SEVERABILITY; AND PROVIDING THAT THIS ORDINANCE SHALL BE
EFFECTIVE AS OF JUNE 15, 1994.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached ordinance regulating the location of
pawn shops in the City of Miami Beach.
BACKGROUND
The City Administration is requesting amendments to the current
Zoning Code regarding the regulation of the location of Pawn Shops.
This amendment was precipitated by the Planning Board which asked
staff to study the matter of regulating pawn shops and to develop
an ordinance, if found appropriate.
At the present time, the current Zoning Ordinance allows Pawn Shops
as a main permitted commercial use within any commercial district
throughout the City. The only restrictions controlling the
operation of Pawn Shops is codified with the Miami Beach City Code,
in Chapter 20, entitled "Business Licenses. " This chapter is
intended to provide an effective method of locating stolen items 114
and identifying individuals dealing in them and is enacted pursuant
to Chapter 538 Florida Statutes, (1993) .
AGENDA T
ITEM
1 I
In this aforementioned chapter of the City Code, every secondhand
dealer is required to maintain an accurate record of each
transaction which includes the time of acquisition and true
description of each article purchased, bartered, exchanged, or
received. Also, the true name of the person dealt with must be
maintained with proof of identification by an exhibition of drivers
license or other reliable picture identification. These records
are kept on file for a minimum of one year. The provisions of this
chapter are enforced by the Police Department of the City of Miami
Beach. (Ordinance 92-2791) .
The Planning Board, at its March 22, 1994 meeting, voted 5-0 to
recommend that the amendment be adopted with the additional change
requiring that pawn shops be prohibited in CPS-1 through CPS-4
districts in the South Pointe area; and, further, that "pawn shop"
be defined as a term in the Zoning Ordinance.
The City Commission, at its April 2, 1994 meeting, adopted the
ordinance on first reading with an amendment which allows pawnshops
which were duly licensed as of April 20, 1994 to relocate to
another location where pawnshops are a main permitted use until the
effective date of this ordinance, without regard to the
restrictions of this ordinance.
ANALYSIS
The Zoning Ordinance defines "Conditional Use" as a Use that would
not be appropriate generally, or without restriction, throughout a
particular zoning district, but would be appropriate if controlled
as to number, area, location or relation to the neighborhood, (Sub-
Section 3-2A.49) . The review guidelines for approval of
conditional uses include provisions that the public health, safety,
morals, and general welfare will not be adversely affected and that
necessary safeguards will be provided for the protection of
surrounding property, persons, and neighborhood values.
As such, the particular nature and operation of a pawn shop
enterprise warrants the necessity to restrict the location and
operation of this unique commercial use. By prohibiting pawn shops
in certain commercial districts and including certain others within
the Conditional use category of the commercial zoning districts
within the City, an effective means for control and approval will
be codified in the Zoning Code beyond the existing system of
granting licenses in any commercial district.
The Conditional Use approval process in the CD-1 and CD-2 Districts
would require applicants for a pawn shop or secondhand dealer's
license to show evidence that they have or will have responsible
business operations that will not negatively impact the surrounding
community. In this manner of requiring a public hearing before
the Planning Board, the general public welfare would be maintained
while protecting surrounding property, personal and neighborhood
values.
The amendments propose not to allow this use in the CD-3 , High
Intensity District which is by definition designed to accommodate
a high intensity business core in which activities servicing the
entire City are located. Pawn shops and secondhand dealers are not
activities that service the entire City nor should they be part of
a business core. Their location is better served in a neighborhood
commercial district where the operator would be able to personally
know his clientele and avoid possible illegal activities. For
these same reasons, it has also been proposed that pawn shops would
not be allowed in the commercial zones within the Performance
Standards District (South Pointe Redevelopment Area) .
CONCLUSION
Based on the foregoing, the Administration has concluded that the
proposed amendments would be beneficial in protecting the character
of the City' s commercial districts and, therefore, recommends that
the City Commission adopt the amending ordinance on second reading.
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