99-23053 RESO
RESOLUTION NO.
99-23053
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS CONSISTING OF:
1. An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending the Code of the City of Miami Beach, Florida, Amending
Chapter 118 Entitled "Administration and Review Procedures", Amending
Section 118-192 Entitled "Review Guidelines" by Adding a Review Criteria
Addressing the Geographic Concentration of Uses; Amending Chapter 142
Entitled "Zoning Districts and Regulations", Section 142-273 Entitled
"Conditional Uses", Section 142-303 Entitled "Conditional Uses", Section 142-
333 Entitled "Conditional Uses" and Section 142-693 Entitled "Permitted
Uses" by Adding Video Game Arcades to the List of Commercial
Establishments Requiring Conditional Use Approval in the CD-I, CD-2, CD-3,
C-PSl, C-PS2, C-PS3 and C-PS4 Commercial Zoning Districts; Providing for
Inclusion in the Code of the City of Miami Beach, Florida; Repealer;
Severability; and an Effective Date.
and
2. An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending the Code of the City of Miami Beach, Florida, Amending
Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-272
Entitled "Main Permitted Uses", Section 142-302 Entitled "Main Permitted
Uses", Section 142-332 Entitled "Main Permitted Uses" and Section 142-693
Entitled "Permitted Uses" by Prohibiting Tattoo Parlors, Body Piercing
Establishments, Commercial Fortunetellers, Spiritual Advisors and Similar
Establishments on the First Floor in the CD-I, CD-2, CD-3, C-PS1, C-PS2, C-
PS3 and C-PS4 Zoning Districts; Providing for Inclusion in the Code of the City
of Miami Beach, Florida; Repealer; Severability; and an Effective Date.
WHEREAS, the above amending ordinances were referred to the Miami Beach Planning
Board by the City Commission; and
WHEREAS, the Planning Board has considered the ordinances at its January 28, 1999
meeting and recommended that the ordinances be approved by the City Commission; and
WHEREAS, pursuant to Section 118-164 of the Code of the City of Miami Beach, Florida,
in cases in which the actual list of permitted, conditional or prohibited uses within a zoning category
is proposed, the city commission shall provide for public notice and hearings by holding two
advertised public hearings on the proposed ordinance, at least one hearing held after 5:00 p.m. on
a weekday;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public
hearing to consider amendments to the Land Development Regulations of the City Code: 1)
requiring conditional use approval for video game arcades and adding a conditional use review
criteria addressing geographic concentration of uses, and 2) limiting where tattoo parlors, body
piercing establishments, commercial fortuneteIlers and similar establishments may be located on the
ground floor in commercial districts, is hereby scheduled on Wednesday, February 17, 1999 at 5:01
p.m. in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida,
and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public
notice of said public hearing at which time all interested parties will be heard.
PASSED and ADOPTED this ~ day of February
,1999.
ATTEST:
~fi
MAYOR
~~f~
CITY CLERK
APPROVED ~ TO
FORM & lANGUAGE
& FOR EXECUTION
~
~
F:\PLAN\$ALL\CC _ MEMOS\VIDEO.RES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118
ENTITLED "ADMINISTRATION AND REVIE\V PROCEDURES",
AMENDING SECTION 118-192 ENTITLED "REVIEW GUIDELINES" BY
ADDING A REVIEW CRITERIA ADDRESSING THE GEOGRAPHIC
CONCENTRATION OF USES; AMENDING CHAPTER 1...2 ENTITLED
"ZONING DISTRICTS AND REGULATIONS", SECTION 1"'2-273
ENTITLED "CONDITIONAL USES", SECTION 1"'2-303 ENTITLED
"CONDITIONAL USES", SECTION 1"'2-333 ENTITLED "CONDITIONAL
USES" AND SECTION 142-693 ENTITLED "PER.t\1ITTED USES" BY
ADDING VIDEO GAME ARCADES TO THE LIST OF COMMERCIAL
EST ABLISHMENTS REQUIRING CONDITIONAL USE APPROVAL IN
THE CD-I, CD-2, CD-3, C-PSl, C-PS2, C-PS3 At~D C-PS'" COMMERCIAL
ZONINq .DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach desires to preserve and foster the vitality and
economic success of the various commercial districts located within the City; and
WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach
contain regulations designed to insure successful commercial development in the commercially
zoned districts throughout the City; and
WHEREAS, the City Commission deems it advisable to require Conditional Use approval
for certain types of commercial uses which have the potential for generating negative impacts to their
surrounding neighborhoods and commercial areas; and
WHEREAS, the City Commission deems it advisable to discourage the concentration of
an excessive number of commercial establishments of a similar type and nature in commercial
districts within a particular geographic area of the City;
NOW THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-192 entitled "Review guidelines" of Chapter 118 entitled
"Administration and review procedures" of the Code of the City of Miami Beach, Florida is hereby
amended to read as follows:
Sec. 118-192. Review guidelines.
Conditional uses may be approved in accordance with the procedures and standards of this article.
provided that:
( I) The use is consistent \\ith the comprehensive plan or neighborhood plan if one exists for the
area in which the property is located.
(2) The intended use or construction will not result in an impact that \\ill exceed the thresholds
for the levels of service as set forth in the comprehensive plan.
(3) Structures and uses associated with the request are consistent with these land development
regulations.
(4) The public health, safety, morals. and general welfare will not be adversely affected.
(5) Adequate off-street parking facilities will be provided.
(6) Necessary safeguards will be provided for the protection of surrounding property, persons.
and neighborhood values.
ill The concentration of similar tvpes of uses will not create a ne~ative impact on the
surrounding neighborhood. Geographic distribution of similar types of conditional uses should be
encouraged.
*
*
*
SECTION 2. That Section 142-273 entitled "Conditional uses" of Chapter 142 entitled "Zoning
districts and regulations" of the Code of the City of Miami Beach, Florida is hereby amended to read
as follows:
DIVISION 4. CD-l COMMERCIAL, LOW INTENSITY DISTRICT
*
*
*
Sec. 142-273. Conditional uses.
The conditional uses in the CD-l commercial, low intensity district are adult congregate living
facilities; nursing homes; religious institution; public and private institutions; schools; day care
facility; pa\\nshops. video game arcades. warehouses; any use selling gasoline; neighborhood impact
establishment; and storage and/or parking of commercial vehicles on a site other than the site at
which the associated commerce, trade or business is located. See section 142-1103.
*
*
*
SECTION 3. That Section 142-303 entitled "Conditional Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
*
*
*
2
Sec. 1 ~2-303. Conditional uses.
The conditional uses in the CD-2 commerciaL medium intensity district are adult congregate living
facilities; funeral home: nursing homes; religious institution: pawnshops. video ~ame arcades.
public and private institutions; schools; any use selling gasoline; outdoor entertainment
establishment; neighborhood impact establishment; open air entertainment establishment; and
storage andior parking of commercial vehicles on a site other than the site at which the associated
commerce, trade or business is located. See section 142-1103.
*
*
*
SECTION ~. That Section 142-333 entitled "Conditional Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 6. CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
*
*
*
Sec. 142-333. Conditional uses.
The conditional uses in the CD-3 commercial, high intensity district are adult living congregate
facilities; outdoor entertainment establishment. neighborhood impact establishment, open air
entertainment establishment, nursing homes; religious institution. video ~ame arcades. public and
private institutions; schools and major cultural dormitory facilities as specified in section 142-1332;
and storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located, except such storage and/or parking of commercial
vehicles shall not be permitted on lots with frontage on Lincoln Road, Collins A venue, 41 st Street
and 7lst Street. See subsection 142-1 I03(c). When located on that portion of Lincoln Road that is
closed to traffic, these uses shall comply with section 142-335.
>Ie
>Ie
>Ie
SECTION 5. That Section 142-693 entitled "Permitted Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-693. Permitted uses.
*
*
*
(b) F or 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.
(c) For purposes ofthis section. pawnshops and nightclubs are not permitted as a main permitted
3
or accessory use 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 \\ith access to the
nightclub only from the interior lobby and not from the street.
(d) Commercial and noncommercial parking lots and garages shall be considered as a conditional
use in the R-PS I, 2, 3 and 4 districts.
~ Video flame arcades shall be considered as a conditional use in the C-PS 1. C-PS2. C-PS3
and C-PS4 districts.
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA
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 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. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
,1999.
day of
,1999.
PASSED and ADOPTED this
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & tA1-;:::.JUAGE
& FOR EXECUTION
RGL\SS\rg1
F 'PLAN\SPlBIJA..'I\ vtOOl J7ll\ 1J78FtN ORD
4
1/;~
City Ntomey
\ /'),-() 193
10m.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA Al\'IENDING THE CODE OF THE
CITY OF MIAI\lI BEACH, FLORIDA, AMENDIN~ CHAPTER 142
ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-
272 ENTITLED "MAIN PERMITTED USES", SECTION 142-302 ENTITLED
"MAIN PERMITTED USES", SECTION 142-332 ENTITLED "MAIN
PE&.\1ITTED USES" AND SECTION 142-693 ENTITLED "PERMITTED
USES" BY PROHIBITING TATTOO PARLORS, BODY PIERCING
EST ABLISHMENTS, COMMERCIAL FORTUNETELLERS, SPIRITUAL
ADVISORS AND SIMILAR ESTABLISHMENTS ON THE FIRST FLOOR
IN THE CD-I, CD-2, CD-3, C-PSI, C-PS2, C-PS3 Al"fD C-PS4 ZONING
DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach desires to preserve and foster the vitality and
economic success of the various commercial districts located within the City; and
WHEREAS, the Land Development Regulations of the Code of the City of Miami Beach
contain regulations designed to insure successful commercial development in the commercially
zoned districts throughout the City; and
WHEREAS, the City Commission deems it advisable to prohibit certain types of commercial
uses which have the potential for generating negative impacts to their surrounding neighborhoods
and commercial areas from locating on the fust floor in certain commercial districts;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-272 entitled "Main Permitted Uses" of Chapter 142 entitled "Zoning
districts and regulations" of the Code of the City of Miami Beach, Florida is hereby amended to read
as follows:
DIVISION 4. CD-I COMMERCIAL, LOW INTENSITY DISTRICT
'*
'*
*
Sec. 142-272. Main permitted uses.
The main permitted uses in the CD-I commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to section 142-140 I); and uses that serve alcoholic
beverages as listed in article V, division 4 of this chapter, pertaining to alcoholic beverages. Tattoo
parlors. body piercin~ establishments. commercial fortunetellers. spiritual advisors. and similar
establishments are prohibited on the ~round floor.
.
.
.
SECTION 2. That Section 142-302 entitled "Main Permitted Uses" of Chapter 142 of the Code of
the City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
.
*
.
Sec. 142-302. Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses;
apartments; apartmentlhotels; and uses that serve alcoholic beverages as listed in article V, division
4 of this chapter (alcoholic beverages). Tattoo parlors. body piercin~ establishments. commercial
fortunetellers. spiritual advisors. and similar establishments are prohibited on the ~round floor.
.
.
.
SECTION 3. That Section 142-332 entitled "Main Permitted Uses" of Chapter 142 of the Code of
the City of Miami Beach, Florida is hereby amended to read as follows:
DIVISION 6. CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT
*
*
.
Sec. 142-332. Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmentlhotels; hotels. Oceanfront properties in the architectural district shall not be
permitted to have new retail and/or office areas totaling more than 250 square feet unless the
building is rehabilitated according to the South Florida Building Code, the city property maintenance
standards, and fire prevention and safety codes and if it is a historic 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 feet back from the storefront; also
apartments, apartmentlhotels and hotels located on that portion of Lincoln Road shall comply with
section 142-335. Tattoo parlors. body piercin~ establishments. commercial fortunetellers. spiritual
advisors. and similar establishments are prohibited on the ~round floor.
*
*
.
2
SECTION 4. That Section 142-693 entitled "Permitted Uses" of Chapter 142 of the Code of the
City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-693. Permitted uses.
*
*
*
(b) 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.
(c) F or purposes of this section, pawnshops and nightclubs are not permitted as a main permitted
or accessory use 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.
(d) Commercial and noncommercial parking lots and garages shall be considered as a conditional
use in the R-PSl, 2, 3 and 4 districts.
W Tattoo parlors. body piercin~ establishments. commercial fortunetellers. spiritual advisors.
and similar establishments are prohibited on the ~ound floor. in the C-PS 1. C-PS2. C.PS3 and C-
PS4 districts.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA
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.
3
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect on the _ day of
, 1999.
PASSED and ADOPTED this
day of
,1999.
ATTEST:
MAYOR
CITY CLERK
RGLII1l
f,\PLANISPUlVANI VIDOIJ1IUNDfLOOR.0IU
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
A.!fc~
C omey
Y t' /It
Ode
4
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttp:\\cLm iam i-beach. fl. us
COMMISSION MEMORANDUM NO. <:tl:9.9
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: February 3,1999
FROM:
Setting of irst Reading Public Hearings - Proposed Amendments to the Land
Development Regulations Which Have Been Considered by the Planning
Board Consisting of:
SUBJECT:
1. An Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 118 Entitled" Administration and Review
Procedures", Amending Section 118-192 Entitled "Review Guidelines"
by Adding a Review Criteria Addressing the Geographic
Concentration of Uses; Amending Chapter 142 Entitled "Zoning
Districts and Regulations", Section 142-273 Entitled "Conditional
Uses", Section 142-303 Entitled "Conditional Uses", Section 142-333
Entitled "Conditional Uses" and Section 142-693 Entitled "Permitted
Uses" by Adding Video Game Arcades to the List of Commercial
Establishments Requiring Conditional Use Approval in the CD-I, CD-
2, CD-3, C-PSl, C-PS2, C-PS3 and C-PS4 Commercial Zoning
Districts; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date.
2.
An Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 142 Entitled "Zoning Districts and
Regulations", Section 142-272 Entitled "Main Permitted Uses",
Section 142-302 Entitled "Main nrmitted Uses", Section 142-332
Entitled "Main Permitted Uses" and Section 142-693 Entitled
"Permitted Uses" by Prohibiting Tattoo Parlors, Body Piercing
Establishments, Commercial Fortunetellers, Spiritual Advisors and
Similar Establishments on the First Floor in the CD-I, CD-2, CD-3, C-
PSI, C-PS2, C-PS3 and C-PS4 Zoning Districts; Providing for
Inclusion inJhe Code of the City of Miami Beach, Florida; Repealer;
Severability; and an Effective Date.
/'
AGENDA ITEM
0_ { 12
DATE
2-3-99
RECOMMENDATION
The Administration recommends that the City Commission set the required first reading public
hearings for a time certain on February 17, 1999 for these proposed separate amendments to the
Land Development Regulations regarding:
I) Adding a review criteria for Conditional Use approval regarding concentration of
uses, and requiring Conditional Use approval for Video Game Arcades; and
2) Restricting where Tattoo Parlors, Body Piercing Establishments, and Commercial
F ortunetellers may occur on the ground floor of buildings in commercial zoning
districts.
BACKGROUND
These amendments to the Zoning Ordinance were considered by the Planning Board on January
26, 1999. On said date, the Planning Board voted 6-0 to recommend approval of the first
amendment, and voted 6-0 to recommend approval of the second amendment. The Planning Board
also requested that an ordinance be brought forward expanding the scope of the subject regulations
by requiring Conditional Use approval for Tattoo Parlors, Body Piercing Establishments, and
Commercial F ortunetelIers.
The subject amendments require a seven day advertised notice of public hearing. Therefore, to
enable the City Commission to hear the proposed amendments in a timely manner on first reading
at its February 17, 1999 meeting, the Administration is requesting that the public hearings be set
at this time. (Note: Either the first or second reading must be held after 5:00 p,m.)
CONCLUSION
Based on the foregoing, the Administration recommends that the City Commission set the first
reading public hearings regarding the two proposed amendments to Land Development
Regulations, referenced above and more particularly set forth in the attached ordinances, for
February 17, 1999.
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